Judgment of the Court of First Instance of 15 October 2003 in Case T-295/01: Nordmilch eG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Regulation (EC) No 40/94 — OLDENBURGER — Absolute ground for refusal — Descriptive character — Geographical origin — Articles 7(1)(c) and 7(2) — Limitation of the right conferred — Article 12(b) — Statement as to the scope of protection — Article 38(2))
Date: 2003-12-13
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), milk product, trade-mark law

13.12.2003

EN

Official Journal of the European Union

C 304/25

JUDGMENT OF THE COURT OF FIRST INSTANCE

4. Orders the Office to pay, in addition to its own costs, one third

of the costs incurred by the applicant;

of 14 October 2003

5. Orders the intervener to pay, in addition to its own costs, two

thirds of the costs incurred by the applicant.

in Case T-292/01: Phillips-Van Heusen Corp. v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(1) OJ C 44 of 16.2.2002.

(Community trade mark — Regulations (EC) No 40/94 and
No 2868/95 — Opposition — Likelihood of confusion —
Alteration of a decision of the Board of Appeal — Appli-
cation for registration of Community word mark BASS —
Earlier word mark PASH)

(2003/C 304/44)

(Language of the case: English)

In Case T-292/01, Phillips-Van Heusen Corp., established in
New York (United States of America), represented by F. Jaco-
lawyer, v Office for Harmonisation in the Internal
bacci,
Market (Trade Marks and Designs) (OHIM) (Agents: E. Joly and
S. Laitinen),
the intervener before the Court being Pash
Textilvertrieb und Einzelhandel GmbH, established in Munich
(Germany), represented by W. Städtler, lawyer: Action brought
against the decision of the Third Board of Appeal of the Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) of 12 September 2001 (Case R-740/2000-3) relating
to opposition proceedings between Pash Textilvertrieb und
Einzelhandel GmbH and Phillips-Van Heusen Corporation, the
Court of First
Instance (Second Chamber), composed of:
N.J. Forwood, President, J. Pirrung and A.W.H. Meij, Judges;
J. Palacio González, Principal Administrator, for the Registrar,
has given a judgment on 14 October 2003, in which it:

1. Declares that it is unnecessary to rule on the action in so far as
it is directed against the rejection in the contested decision of
the application for registration of the trade mark in respect of
goods other than ‘clothing’;

2. Alters the decision of the Third Board of Appeal of the Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) of 12 September 2001 (Case R-740/2000-3), as
rectified by the decision of 18 February 2002, so that the
intervener’s appeal before the Office is dismissed;

3. Declares that it is unnecessary to rule on the application to
reject definitively and in its entirety the opposition to registration
of the trade mark applied for in respect of goods falling within
Class 25;

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 15 October 2003

in Case T-295/01: Nordmilch eG v Office for Harmonis-
ation in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Community trade mark — Regulation (EC) No 40/94
— OLDENBURGER — Absolute ground for refusal —
Descriptive
origin —
character — Geographical
Articles 7(1)(c) and 7(2) — Limitation of the right conferred
— Article 12(b) — Statement as to the scope of protection
— Article 38(2))

(2003/C 304/45)

(Language of the case: German.)

In Case T-295/01, Nordmilch eG, established in Zeven (Ger-
many), represented by C. Spintig, lawyer, v Office for Harmon-
isation in the Internal Market (Trade Marks and Designs)
(OHIM) (Agents: A. von Mühlendahl and G. Schneider): Action
brought against the decision of the Third Board of Appeal of
the Office for Harmonisation in the Internal Market (Trade
Marks and Designs) of 19 September 2001 (Case R 826/2000-
3), concerning the application for registration of the word
OLDENBURGER, the Court of First Instance (Fourth Chamber),
composed of: V. Tiili, President, P. Mengozzi and M. Vilaras,
Judges; D. Christensen, Administrator, for the Registrar, has
given a judgment on 15 October 2003, in which it:

1. Dismisses the application;

2. Orders the applicant to pay the costs.

(1) OJ C 44 of 16.2.2002.