Case T-386/03: Action brought on 24 November 2003 by Deutsche Telekom AG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Date: 2004-02-07
Institutions: Court of First Instance
Subjects: European Union Intellectual Property Office, Germany, action for annulment (EU), telecommunications

7.2.2004

EN

Official Journal of the European Union

C 35/13

The applicant claims that the Court should:

— annul the contested decision of the Second Board of
Appeal of 9 September 2003 (Case R 174/2002-2);

— order the Office to pay the costs.

Court of First Instance of the European Communities on
24 November 2003 by Deutsche Telekom AG, Bonn (Germ-
any), represented by D. Marschollek,
lawyer. Client Logic
GmbH & Co. KG, Oberhausen (Germany), was also a party to
the proceedings before the Board of Appeal.

Pleas in law and main arguments

The applicant claims that the Court should:

Applicant
munity trade mark:

for

Com-

Community trade mark
sought:

Biker Miles Motorrad Handels-
und Vertriebsgesellschaft mbH

Coloured word/figurative mark
‘BIKER MILES’ for goods in Class-
es 9 (replacement parts
and
accessories
two-wheeled
for
vehicles etc.), 12 (motorcycles
etc.) and 25 (equipment and cloth-
ing for the riders of two-wheeled
vehicles
etc.) — Application
No 1 237 734.

— annul the decision of the Fourth Board of Appeal of
7 January 2003, notified on 26 September 2003, (Case
R 80/2001-4);

— order the defendant to pay the costs.

Pleas in law and main arguments

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

The applicant

Mark or sign cited in
opposition.

The Community trade mark ‘MIL-
ES’ for goods in Class 25.

Decision of the Oppo-
sition Division:

Refusal
sought.

to register

the mark

Decision of the Board of
Appeal:

The appeal was granted and the
opposition rejected.

Pleas in law:

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

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

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

Applicant
munity trade mark:

for

Com-

The applicant.

Community trade mark Word mark ‘DTel’ for goods and
services
in Classes 9 (electric
sought:
apparatus etc.), 37 (construction
etc.), 38
(telecommunications
etc.) and 42 (computer program-
ming services etc.) — Application
No 1 176 639.

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

Client Logic GmbH & Co. KG.

Mark or sign cited in
opposition.

The national word mark ‘TETEL’
for goods and services in Class-
es 9, 37, 38 and 42.

Decision of the Oppo-
sition Division:

Rejection of the opposition.

Action brought on 24 November 2003 by Deutsche
Telekom AG against the Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (OHIM)

Decision of the Board of
Appeal:

Partial refusal of the application
in respect of goods
to register,
and services in Class 38. Dismissal
of the remainder of the appeal.

(Case T-386/03)

(2004/C 35/21)

(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) was brought before the

Pleas in law:

Infringement of Article 8(1)(a) and
(b) of Regulation No 40/94 (1).

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

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