Case T-274/03: Action brought on 4 August 2003 by Focus Magazin Verlag GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2003-11-01
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), telecommunications, trade-mark law

C 264/30

EN

Official Journal of the European Union

1.11.2003

Action brought on 4 August 2003 by Focus Magazin
Verlag GmbH against the Office for Harmonisation in the
Internal Market (Trade Marks and Designs)

Mark or sign cited in
opposition:

The German mark
‘FOCUS’
(No 395 46 204) in respect of
goods and services in Classes 9,
16, 35, 36, 37, 38, 41 and 42

(Case T-274/03)

(2003/C 264/52)

Decision of the Oppo-
sition Division:

Rejection of the opposition

Decision of the Board of
Appeal:

Dismissal of the applicant’s appeal

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

Pleas in law:

— Submission in the oppo-
of
the

sition
adequate evidence of
applicant’s earlier right;

proceedings

— Infringement of

the appli-

cant’s right to a hearing;

— Infringement of

the appli-

cant’s right of due process;

— Infringement of Article 42 of
Regulation (EC) No 40/94 (1)
and Rule 20(3) of Regulation
(EC) No 2868/95 (2).

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

Community trade mark (OJ 1994 L 11, p. 1).

(2) Commission Regulation (EC) No 2868/95 of 13 December
1995 implementing Council Regulation (EC) No 40/94 on the
Community trade mark (OJ 1995 L 303, p. 1).

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on
4 August 2003 by Focus Magazin Verlag GmbH, Munich
(Germany), represented by U. Gürtler, lawyer. France Telecom
S.A., Paris, was also a party to the proceedings before the
Board of Appeal.

The applicant claims that the Court should:

— annul Decision No 1956/2001 of the Opposition Div-
ision of the defendant of 2 August 2001 in opposition
proceedings B 260576;

— annul the decision of the Fourth Board of Appeal of the
defendant of 30 April 2003 in appeal proceedings R 849/
2001-4;

— instruct the defendant to make a determination on the
merits in opposition proceedings B 260576,
taking
account of the legal view of the matter formed by the
adjudicating court;

— order the defendant to pay the costs of the proceedings.

Action brought on 23 July 2003 by Dionisia Elefteriadi
against the Commission of the European Communities

Pleas in law and main arguments

Applicant
munity trade mark:

for Com-

France Telecom S.A.

Community trade mark Word mark ‘Focus One’ in respect
of goods and services in Classes 9,
sought:
35, 38 and 42 — application
No 984 484

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

The applicant

(Case T-277/03)

(2003/C 264/53)

(Language of the case: Greek)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 23 July 2003 by Dionisia Elefteria-
di, residing in Athens, represented by Timotheos Sigalas.