Case T-325/03: Action brought on 23 September 2003 by E-Sim Limited against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2003-11-29
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), data processing, electronic commerce, software, trade-mark law

C 289/28

EN

Official Journal of the European Union

29.11.2003

The applicant claims that the Court should:

The applicant claims that the Court should:

— annul the Decision of the defendant’s Second Board of
Appeal of 11 July 2003 in Case R 266/2002-1 in its
entirety;

— order the defendant to pay the costs.

— annul the Decision of the Fourth Board of Appeal of
26 June 2003 in Case R 337/2002-4 relating to Com-
munity trade mark application 1 708 973 ‘MunichFinan-
cialServices’ (word mark);

— order the defendant to pay the costs.

Pleas in law and main arguments

Community trade mark Word mark ‘Rockbass’ — Appli-
applied for:

cation No 2401123

Pleas in law and main arguments

Goods or services:

Goods in Classes 9, 15 and 18
(inter alia, technical sound equip-
ment, musical
instruments and
containers)

Community trade mark Word mark ‘MunichFinancial-
Application
sought:

—

Services’
No 1 708 973

Decision appealed to the
Board of Appeal:

Decision of the Board of
Appeal:

Pleas in law:

Examiner’s refusal to register

Goods or services:

Services in Classes 36 (financial
services)

Dismissal of the appeal

Decision appealed to the
Board of Appeal:

Examiner’s refusal to register

Decision of the Board of
Appeal:

Dismissal of appeal

Pleas in law:

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

— infringement

of
Article 7(1)(b) and (c) of
Regulation (EC) No 40/94;

— infringement of the principle
of examination of the facts
its own
by the Office of
motion
to
Article 74(1)(1) of Regu-
lation (EC) No 40/94;

pursuant

— infringement of

essential

procedural requirements.

Action brought on 23 September 2003 by E-Sim Limited
against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs)

Action brought on 12 September 2003 by Münchener
Rückversicherungs-Gesellschaft
Aktiengesellschaft
against the Office for Harmonisation in the Internal
Market (Trade marks and Designs) (OHIM)

(Case T-325/03)

(2003/C 289/60)

(Case T-316/03)

(2003/C 289/59)

(Language of the case: German)

(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 12 September 2003 by Münchener Rückversicherungs-
Gesellschaft Aktiengesellschaft, represented by G. Würtenber-
ger and R. Kunze, lawyers.

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
23 September 2003 by E-Sim Limited, represented by Dr
Andreas Ebert-Weidenfeller. Druckhaus Remstal-Bote GmbH,
Waiblingen (Germany) was also a party to the proceedings
before the Board of Appeal.

29.11.2003

EN

Official Journal of the European Union

C 289/29

The applicant claims that the Court should:

Pleas in law:

— there is no likelihood of con-
fusion between the marks
of
within the meaning
Article 8(1)(b) of Regulation
No 40/94;

— the marks are not similar.

— annul the decision of the Fourth Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade
Marks and Designs) of 18 June 2003 in Case R 281/
2002-4;

— in the alternative, in the event that the other party to
the proceedings withdraws the opposition during the
proceedings, declare the opposition procedure to be at an
end;

— further in the alternative, refer the case back to the
defendant with the proviso that the opposition procedure
be declared at an end in the light of the withdrawal of the
opposition;

— order the defendant to pay the costs.

Pleas in law and main arguments

Applicant
munity trade mark:

for Com-

the applicant

Community trade mark Word mark ‘E-SIM’ for goods and
services in Classes 9 and 42
sought:
(including computer software for
use in the design, development,
prototyping, promotion and sup-
port of a wide variety of products,
systems, and devices and services
relating to the provision of web-
based electronic commerce) —
application no 1 387 661

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

Mark or sign cited in
opposition:

Druckhaus Remstal-Bote GmbH

German word mark ‘ASIM’ for
goods and services in Classes 9,
35, 41 and 42 (including data
processing
and
economic and technical advice
and training)

programmes

Action brought on 22 September 2003 by Hippocrate
Vounakis against the Commission of the European Com-
munities

(Case T-326/03)

(2003/C 289/61)

(Language of the case: French)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 22 September 2003 by Hippocrate
Vounakis, residing in Wezembeek-Oppem (Belgium), rep-
resented by S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal,
avocats, with an address for service in Luxembourg.

The applicant claims that the Court should:

— annul

the Commission’s decision not to include his
name on the list of promoted officials published in
Administrative Notices (AN) No 2002-69 of 14 August
2002;

— order the Commission to pay the costs.

Pleas in law and main arguments

Decision of the Oppo-
sition division:

Refusal of the application

The applicant alleges infringement of Article 45 of the Staff
Regulations, and manifest error of assessment.

Decision of the Board of
Appeal:

Dismissal of the applicant’s appeal