Case T-202/03: Action brought on 2 June 2003 by Alecansan, S.L. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Date: 2003-08-02
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), computer equipment, trade-mark law

C 184/52

EN

Official Journal of the European Union

2.8.2003

the

applicant

giving it the opportunity to be heard, contrary to the rights of
defence and the principle of sound administration. As to
substance,
first misapplication of
alleges,
Article 93(c) and (f) of Regulation No 1605/03 and, secondly,
infringement of Article 96 of
the
principle of proportionality in determining the level of sanc-
tions. The applicant
further alleges a defective statement of
reasons in respect of the latter claims.

regulation and of

that

Community
sought:

trade mark

trade mark ‘COMP
Figurative
USA’ — Application
no
2 133 202 for
in
Classes 9 and 37 (items related
to computers)

goods

The applicant thus seeks compensation for the damage caused
by the sanctions unlawfully imposed by the contested decision;
such damage is not only economic in nature but
is also
detrimental to the image and reputation of the company.

Proprietor of mark or sign
cited in the opposition pro-
ceedings:

The applicant

(1) Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002
on the Financial Regulation applicable to the general budget of the
European Communities (OJ 2002 L 248, p. 1).

Mark or sign cited in op-
position:

figurative

trade
The
mark ‘COMP USA’ for goods in
Class 39 (transport)

English

Decision of the Opposition
Division:

Rejection of the opposition

Action brought on 2 June 2003 by Alecansan, S.L. against
the Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (OHIM)

(Case T-202/03)

(2003/C 184/109)

(Language of the case: Spanish)

Decision of
Appeal:

Pleas in law:

the Board of

Dismissal of the appeal

Misapplication of Article 8(1)(b)
of Regulation (EC) No 40/94
(likelihood of confusion)

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM) was brought before
the Court of First Instance of the European Communities on
2 June 2003 by Alecansan, S.L., with its registered office in
Madrid, represented by María Baylos Morales, Pedro Merino
Baylos and Jesús Arribas García, lawyers at the Madrid Bar.

The applicant claims that the Court should:

— annul the decision of the First Board of Appeal of OHIM

of 24 March 2003 in Case R 711/2002-1;

— annul

the decision of OHIM's Opposition Division of

17 June 2002;

— declare the mark claimed and the applicant's trade mark
with priority incompatible pursuant to Article 8(1)(b) of
Regulation No 40/94 on the Community trade mark;

— refuse registration of the Community trade mark ‘COMP

USA’, no 849 497, for Classes 9 and 37; and

— order the defendant, and the intervener if he intervenes in

the action for annulment, to pay the costs.

Pleas in law and main arguments

Applicant
trade mark:

for Community

CompUSA Management Com-
pany

Action brought on 11 June 2003 by Nicolas Georgio-
the
poulos

the Commission of

and Others

against

European Communities

(Case T-205/03)

(2003/C 184/110)

(Language of the case: French)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 11 June 2003 by Nicolas Georgio-
poulos, residing in Brussels, and 4 other officials, represented
by G. Bounéou and F. Frabetti,
lawyers, with an address for
service in Luxembourg.

The applicants claim that the Court should:
— annul the decision of the competent hierarchical authority
changing, with effect from a year not further specified
(1993, 1996, 1997, or another year, and for the period
during which the applicants were officials of the Commis-
sion of
the procedure for
calculating the annual expense of travelling to Greece in
respect of the journey via Brindisi, as taken into consid-
eration for destinations in the Pelopponese;

the European Communities),

or, in the alternative,