Case T-312/03: Action brought on 12 September 2003 by Wassen International Limited against the Office for Harmonisation in the Internal Market
Date: 2003-11-01
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), cosmetic product, food additive, food supplement, trade-mark law

1.11.2003

EN

Official Journal of the European Union

C 264/39

Action brought on 12 September 2003 by Wassen Inter-
national Limited against the Office for Harmonisation in
the Internal Market

Proprietor of mark or
sign cited in the oppo-
sition proceedings:

Stroschein Gesundkost GmbH

(Case T-312/03)

(2003/C 264/68)

(Language of the case to be determined pursuant to Article 131(2)
of the Rules of Procedure — language in which the application was
submitted: English)

Mark or sign cited in
opposition:

The national figurative mark Sel-
enium Spezial A-C-E and device
for goods in class 5 and 30 (Non-
medical and non-pharmaceutical
preparations on the basis of
starch, calcium salts, magnesium
stearate and yeast as nutritional
additives)

Decision of the Oppo-
sition Division:

Rejection of the Community trade
mark application and upholding
of the opposition

An action against the Office for Harmonisation in the Internal
Market was brought before the Court of First Instance of the
European Communities on 12 September 2003 by Wassen
International Limited, Leatherhead (United Kingdom), rep-
resented by M. Edenborough, Barrister. Stroschein Gesundkost
GmbH was also a party to the proceedings before the Board of
Appeal.

Decision of the Board of
Appeal:

Pleas in law:

Dismissal of the appeal lodged by
the applicant for the community
trade mark, Wassen International
Limited

The applicant invokes an infringe-
ment of regulation No 40/94 (1)
the contested decision
in that
determined that there existed a
likelihood of confusion between
the marks.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ L 11, p. 1).

The applicant claims that the Court should:

— allow the appeal by the applicant to the Court of First

Instance;

— remit

the Community

application
No 1083567 to the Office so as to allow it to proceed to
registration;

trade mark

— annul the decision of the Opposition Division No 2920/

2001;

— annul the decision of the Fourth Board of Appeal No

Removal from the register of Case T-250/99 (1)

R 0121/2002-4;

— order the opponent to pay to the applicant the costs
incurred by the applicant in connection with this appeal
and the appeal before the Board of Appeal and the
opposition before the Opposition Division.

(2003/C 264/69)

(Language of the case: Dutch)

Pleas in law and main arguments

Applicant for the Com- Wassen International Limited
munity trade mark:

By order of 2 September 2003 the President of the Second
Chamber of the Court of First Instance of the European
Communities ordered the removal from the register of Case
T-250/99: Shell Nederland Verkoopmaatschappij B.V. v Com-
mission of the European Communities.

The Community trade
mark sought:

The word mark ‘SELENIUM-ACE’
for goods in class 3 and 5 (cos-
metics, soaps, lotions, nutritional
supplements, vitamins, ...)

(1) OJ C 20 of 22.1.2000.