Case T-317/03: Action brought on 15 September 2003 by Volkswagen AG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2003-12-13
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), motor vehicle industry, trade-mark law

C 304/30

EN

Official Journal of the European Union

13.12.2003

ORDER OF THE COURT OF FIRST INSTANCE

The applicant claims that the Court should:

of 29 September 2003

in Case T-354/02: Bristol-Myers Squibb International
Corporation v Commission of the European Communi-
ties (1)

(Action for annulment — Withdrawal of the contested
measure — No need to adjudicate)

— annul the decision of the Fourth Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade
Marks and Designs) of 17 June 2003 in Appeal R 610/
2001-4;

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

(2003/C 304/55)

(Language of the case: English)

(Belgium),

In Case T-354/02: Bristol-Myers Squibb International Corpor-
ation, established in Brussels
represented by
D. Anderson QC, K. Bacon, barrister, and I. Dodds-Smith,
solicitor, against Commission of the European Communities
(Agents: X. Lewis and H.C. Støvlbaek) — application for
annulment of Commission Decision C(2002)3370 of 9 Sep-
tember 2002 concerning the placing on the market of the
medicinal products for human use which contain the substance
‘Captopril’ — the Court of First Instance (Fourth Chamber),
composed of V. Tiili, President, P. Mengozzi and M. Vilaras,
Judges; H. Jung, Registrar, has made an order on 29 September
2003, the operative part of which is as follows:

Pleas in law and main arguments

Applicant
munity trade mark:

for

Com-

Volkswagen AG.

Community trade mark
applied for:

The word mark ‘VARIANT’ for
goods and services in Classes 7,
12 and 37 (inter alia, motors and
their parts, vehicles and repair).

1.

2.

There is no need to adjudicate on the action;

The Commission is to bear its own costs and to pay those of the
applicant.

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

Nacional Motor S.A.

(1) OJ C 44 of 22.2.2003.

Mark or sign cited in
opposition:

The Spanish word marks ‘DERBI-
VARIANT’,
‘DERBI VARIANT’,
and ‘VARIANTDERBI’ for goods
in Class 12 (inter alia vehicles).

Action brought on 15 September 2003 by Volkswagen
AG against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs)

Decision of the Oppo-
sition Division:

Rejection of the opposition.

(Case T-317/03)

(2003/C 304/56)

Decision of the Board of
Appeal:

Annulment of the decision of the
Opposition Division and rejection
of the application.

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

Pleas in law:

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
15 September 2003 by Volkswagen AG, Wolfsburg (Ger-
many), represented by S. Risthaus, lawyer. Nacional Motor
S.A., Martorelles (Spain), was also a party to the proceedings
before the Board of Appeal.

— Infringement of Article 74(1)
of Regulation (EC) No 40/
94;

— Misapplication

of
Article 8(1)(b) of Regulation
(EC) No 40/94.