Case T-29/04: Action brought on 26 January 2004 by Castellblanch, S.A., against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Date: 2004-03-20
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), champagne, sparkling wine, trade-mark law

C 71/42

EN

Official Journal of the European Union

20.3.2004

The applicant claims that the Court of First Instance should:

— annul the decision by OHIM (Second Board of Appeal) of
10 November 2003 in case R 0285/2002-2, which by
dismissing the applicant’s appeal gives grounds for a
future right to Community trade mark No 1.155.985,
‘THE OBSERVER’, in Classes 18, 25, 28, 35 and 41;

— refuse registration to Community mark No 1.155.985
‘THE OBSERVER’ in Classes 18, 25, 28, 35 and 41;

— order the party or parties opposing this action to pay the

costs.

Pleas in law and main arguments

Applicant for the Com-
munity trade mark:

Guardian Newspaper Limited

Action brought on 26 January 2004 by Castellblanch,
S.A., against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM)

(Case T-29/04)

(2004/C 71/73)

(Language of the case: to be determined pursuant to article 131(2)
of the Rules of Procedure — language in which the case was
submitted: English)

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
26 January 2004 by Castellblanch, S.A., Sant Sadurni d’Anoia,
Spain, represented by Mr F. de Visscher, Mr E. Cornu, Mr E. De
Gryse and Ms D. Moreau, lawyers. Champagne Louis Roederer
S.A. was also a party to the proceedings before the Board of
Appeal.

Community trade mark Word mark ‘THE OBSERVER’ —
Application No 1.155.985,
for
applied for:
goods and services in Classes 9,
16, 18, 25, 28, 35, 36, 38 and 41

The applicant claims that the Court should:

— annul the decision of the Second Board of Appeal of the
Office for Harmonisation in the Internal Market of
17 November 2003;

Proprietor of the oppos-
ing trade mark or sign:

Applicant

— Order the OHIM to pay the costs.

Opposing trade mark or
sign:

figurative

Spanish
mark
(No 953.859) and word mark
(No 2.116.030) for all goods and
services in Classes 18, 25, 28, 35
and 41

Pleas in law and main arguments

Applicant for the Com-
munity trade mark:

Castellblanch S.A.

Decision of the Oppo-
sition Division:

Dismissal of the opposition

Decision of the Board of
Appeal:

Dismissal of the appeal

Pleas in law:

— Sufficient use of

the two
marks which form the basis
for the opposition

Community trade mark
sought:

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

Mark or sign cited in
opposition:

Figurative mark ‘CRISTAL CAS-
TELLBLANCH’
in
class 33 (wine)

goods

for

CHAMPAGNE LOUIS ROEDE-
RER, S.A.

National word mark ‘CRISTAL’
for goods in class 33 (champagne,
sparkling wines)

— Incorrect

application

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

Decision of the Oppo-
sition Division:

Registration refused

Decision of the Board of
Appeal:

Appeal rejected

20.3.2004

EN

Official Journal of the European Union

C 71/43

Pleas in law:

Infringement of articles 43 and
15 of Regulation 40/94 (1).

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

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

2001 (1). According to the applicant article 4 paragraph 2 of
Regulation 1049/2001 does not justify a blanket exclusion of
the Commission’s pleadings from the principle of open access
to Community documents, nor does it give the Commission
the right to refuse access to its pleadings merely because the
matter itself or related proceedings are still pending.

(1) Regulation (EC) No 1049/2001 of the European Parliament and
of the Council of 30 May 2001 regarding public access to
European Parliament, Council and Commission documents,
Official Journal L 145, 31/05/2001 P. 43-48.

Action brought on 2 February 2004 by Association de la
(‘API’) against the Com-
Presse Internationale a.s.b.l.

mission of the European Communities

(Case T-36/04)

(2004/C 71/74)

(Language of the case: English)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 2 February 2004 by Association
de la Presse Internationale a.s.b.l. (‘API’), Brussels, Belguim,
represented by Mr S. Völcker, Mr F. Louis and Mr J. Heithecker,
lawyers.

The applicant claims that the Court should:

— Annul Commission Decision D(2003) 30621 of 20 Nov-

ember 2003 in its entirety and;

Removal from the register of Case T-89/02 (1)

(2004/C 71/75)

(Language of the Case: English)

By order of 25 November 2003 the President of the Fourth
Chamber of the Court of First Instance of the European
Communities ordered the removal from the register of Case
T-89/02: Check Point Softward Limited v Office for the
Harmonisation of
(Trade Marks and
the Internal Market
Design) (OHIM).

(1) OJ C 156 of 29.6.2002.

— Order the Commission to bear the costs.

Removal from the register of Case T-307/02 (1)

Pleas in law and main arguments

The applicant is a non-profit organisation of foreign journalists
based in Belgium, aiming to assist its members in reporting
back to their home countries about the European Union. It
applied to the Commission for access to all the submissions
made by the Commission in the course of certain proceedings
before the European Court of Justice and the European Court
of First Instance. Such access was denied by the contested
decision.

In support of its application the applicant invokes an infringe-
ment of Articles 2 and 4, paragraph 2, of Regulation 1049/

(2004/C 71/76)

(Language of the Case: German)

By order of 19 November 2003 the President of the Second
Chamber of the Court of First Instance of the European
Communities ordered the removal from the register of Case
T-307/02: Altana Pharma AG v Office for the Harmonisation
of the Internal Market (Trade Marks and Design) (OHIM).

(1) OJ C 305 of 7.12.2002.