Case T-260/03: Action brought on 18 July 2003 by Celltech R&D Limited against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Date: 2003-10-04
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), consultancy, medical device, pharmaceutical product, trade-mark law

C 239/22

EN

Official Journal of the European Union

4.10.2003

Action brought on 18 July 2003 by Celltech R&D Limited
against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM)

Action brought on 28 July 2003 by Jürgen Schmoldt,
Kaefer Isoliertechnik GmbH & Co. KG and Hauptverband
der Deutschen Bauindustrie e.V. against the Commission
of the European Communities

(Case T-260/03)

(2003/C 239/41)

(Case T-264/03)

(2003/C 239/42)

(Language of the case: English)

(Language of the case: German)

An action against 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
18 July 2003 by Celltech R&D Limited, Slough,
(United
Kingdom), represented by D. Alexander, QC, and N. Jenkins,
lawyer.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 28 July 2003 by Jürgen Schmoldt,
Dallgow-Döberitz (Germany), Kaefer Isoliertechnik GmbH &
Co. KG, Bremen (Germany), and Hauptverband der Deutschen
by
Bauindustrie
H.-P. Schneider, Hanover.

represented

(Germany),

Berlin

e.V.,

The applicant claims that the Court should:

The applicants claim that the Court should:

— annul the Decision of the Second Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade
(‘OHIM’) of 19 May 2003 (Case
Marks and Designs)
R0659/2002-2) in whole or in part;

— order OHIM to pay the costs of this Application.

Pleas in law and main arguments

— annul Article 1 of, and Table 1 of

the Annex to,
Commission Decision 2003/312/EC of 9 April 2003,
published on 8 May 2003 (OJ 2003 L 114, p. 50) and
notified under no C(2003) 1161, on the publication of
the reference of European standards relating to the
thermal insulation products EN 13162:2001 to EN 1
13172:2001, with the result that Commission communi-
cation 2001/C 358/08 of 15 December 2001 (OJ 2001
C 358, p. 9), in so far as it concerns the products EN
13162:2001 to EN 1 13172:2001, and Commission
communication 2001/C 120/06 of 22 May 2003 (OJ
2003 C 120, p. 17) be removed from the Official Journal
of the European Union;

Trade mark concerned:

‘CELLTECH’ — Application
No 1731678.

— order the defendant to pay the costs.

Products or services:

Pharmaceutical, veterinary and
sanitary preparations, compounds
and substances (Class 5), surgical,
medical, dental and veterinary
instruments
and
apparatus
(Class 10), research and develop-
ment, consultancy services, all
relating to the biological, medical
and chemical sciences (Class 41).

Challenged
before
Appeal:

decision
the Board of

Refusal of
examiner.

registration by the

Grounds submitted:

Infringement of Article 7(1)(b) of
the Community Trade Mark Regu-
lation 40/94/EEC.

Pleas in law and main arguments

On 23 May 2001, the European Committee for Standardisation
adopted ten standards for thermal
insulation products, the
references for which were published in the Official Journal of
the European Communities of 15 December 2001 (1). The Federal
Republic of Germany subsequently objected to,
inter alia,
these ten standards for thermal
insulation products under
Article 5(1) of Directive 89/106/EEC (2). The objection was
rejected by the contested decision.

The applicants rely on both formal and substantive grounds.
The applicants take the view that procedural errors were
committed in so far as, contrary to Article 5(1) of Directive
89/106, the Standing Committee on Construction failed to
issue an opinion and in so far as the statement of reasons in