Case T-263/03: Action brought on 18 July 2003 by Mülhens GmbH & Co. KG against the Office for Harmonisation in the Internal Market (Trade marks and Designs) (OHIM)
Date: 2003-11-29
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), cosmetic product, leather industry, trade-mark law

29.11.2003

EN

Official Journal of the European Union

C 289/25

3.

Reserves the costs.

Th. Schulte-Beckhausen, lawyer. The additional party before
the Board of Appeal was Conceria Toska S.R.L., Milan (Italy).

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

The applicant claims that the Court should:

— annul the decision of the Second Board of Appeal of the

defendant of 13 May 2003 (Case R 369/2002-2);

of 16 September 2003

— order the defendant to pay the costs.

in Case T-272/03 R: Maria Dolores Fernández Gómez v
Commission of the European Communities

Pleas in law and main arguments

(Interim measures — Application for suspension of oper-
ation — Urgency — None)

Applicant
munity trade mark:

for

Com-

Conceria Toska S.R.L.

(2003/C 289/53)

(Language of the case: French)

Community trade mark Word mark TOSKA for goods
in Class 18 (including bags) —
sought:
application No 743427

In Case T-272/03 R: Maria Dolores Fernández Gómez, residing
in Brussels (Belgium), represented by J. Iturriagagoititia and
K. Delvolvé, lawyers, against Commission of the European
Communities (Agents: J. Currall, F. Clotuche-Duvieusart and
H. Tserepa- Lacombe) — application for suspension of the
operation of the Commission’s decision of 12 May 2003
rejecting the application to renew the applicant’s temporary
staff contract, the President made an order on 16 September
2003, the operative part of which is as follows:

1.

2.

The application for interim measures is dismissed.

Costs are reserved.

Action brought on 18 July 2003 by Mülhens GmbH & Co.
KG against the Office for Harmonisation in the Internal
Market (Trade marks and Designs) (OHIM)

(Case T-263/03)

(2003/C 289/54)

(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)

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
18 July 2003 by Mülhens GmbH & Co. KG, represented by

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

Mark or sign cited in
opposition:

Decision of the Oppo-
sition Division:

Decision of the Board of
Appeal:

Pleas in law:

Applicant

German word mark TOSCA for
perfumes (including ‘parfum’, ‘eau
de toilette’, and ‘eau de parfum
pour femmes’)

Rejection of the opposition

Dismissal of the applicant’s appeal

— The opposition based on the
mark with reputation is well
founded
to
Article 8(1)(b) of Regulation
(EC) No 40/94 (1).

pursuant

— There is a likelihood of con-
fusion between the opposing
marks.

— There are certain similarities
opposing

the

between
goods.

— The earlier mark is a mark
with reputation within the
meaning of Article 8(5) of
Regulation (EC) No 40/94.

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

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