Case T-304/03: Action brought on 8 September 2003 by Bayer AG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Date: 2003-11-01
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), pharmaceutical product, trade-mark law, veterinary medicinal product

1.11.2003

EN

Official Journal of the European Union

C 264/37

Pleas in law and main arguments

Pleas in law and main arguments

Community trade mark
sought:

The word mark ‘map&guide’ —
application No 2089829

Applicant
munity trade mark:

for

Com-

Goods or services:

Goods and services in Classes 9,
41 and 42 (computer software,
conducting training events for
computer software and computer
programming)

Community trade mark
sought:

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

Mark or sign cited in
opposition:

Decision of the Oppo-
sition Division:

Decision of the Board of
Appeal:

Pleas in law:

Decision
before
Appeal:

contested
the Board of

Refusal by the examiner to register
the mark in respect of ‘computer
software’ and ‘computer program-
ming’

Decision of the Board of
Appeal:

Dismissal of the appeal

Pleas in law:

Infringement of Article 7(1)(b) of
Regulation (EC) No 40/94

Action brought on 8 September 2003 by Bayer AG
against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM)

(Case T-304/03)

(2003/C 264/65)

The applicant in this casey

The word mark ‘NEXAVAR’ for
goods in Class 5 (pharmaceutical
and veterinary preparations, diag-
nostic preparations for medicinal
purposes)
Application
—
No 1534213

Sanofi-Synthelabo
Anonyme)

(Société

The national word mark ‘BESA-
VAR’ for goods in Class 5 (pharm-
aceutical preparations)

Rejection of the opposition

Annulment of the decision of the
Opposition Division and refusal
of the application

There is no similarity between
the marks which could lead to
confusion

(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)

Action brought on 4 September 2003 by WHG Westdeut-
sche Handelsgesellschaft mbH against
the Office for
Harmonisation in the Internal Market (Trade marks and
Designs) (OHIM)

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
8 September 2003 by Bayer AG, Leverkusen (Germany),
represented by M. Wolpert, lawyer. Sanofi-Synthelabo (Société
Anonyme), Paris, was also a party to the proceedings before
the Board of Appeal.

(Case T-307/03)

(2003/C 264/66)

(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)

The applicant claims that the Court should:

— amend the decision of 4 June 2003 of the Fourth Board
of Appeal of the Office for Harmonisation in the Internal
Market (Case R 452/2002-4) and reject the opposition;

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

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
4 September 2003 by WHG Westdeutsche Handelsgesellschaft
lawyer. Kaufring AG,
mbH, represented by U. Schuster,
Düsseldorf (Germany) was also a party to the proceedings
before the Board of Appeal.