Case T-14/04: Action brought on 14 January 2004 by Alto de Casablanca, 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), trade-mark law, wine

20.3.2004

EN

Official Journal of the European Union

C 71/35

Action brought on 14 January 2004 by Alto de Casablanca,
S.A. against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM)

Decision of the Board of
Appeal:

Appeal rejected

Pleas in law:

(Case T-14/04)

(2004/C 71/62)

on

that,

claims

The applicant is represented by a
registered patent agent and trade
mark attorney, authorised to prac-
tice both in the United Kingdom
and at a European level. The appli-
cant
these
grounds, its representative is also
authorised to represent it before
Instance of
the Court of First
the European Communities.
In
support of the substantive part
of
its application the applicant
submits that the mark applied for
did
contravene
Article 8 (1) (b), of Regulation 40/
94 (1) and the Office was mistaken
to refuse registration.

not

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

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

(Case T-15/04)

(2004/C 71/63)

(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 14 January 2004 by Sandoz
(Austria), represented by C. Thomas and
GmbH, Kundl,
N. Dagg, Solicitors, and B. Oosting, lawyer.

The applicant claims that the Court should:

(Language of the case to be determined pursuant to Article 131(2)
of the Rules of Procedure-language in which the application 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
14 January 2004 by Alto de Casablanca, S.A., Casablance,
(Chile), represented by A. W. Pluckrose, Chartered Patent
Attorney. Bodegas Julián Chivite, S.L. was also a party to the
proceedings before the Board of Appeal.

The applicant claims that the Court should:

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

— order payment of the Applicant’s costs.

Pleas in law and main arguments

Applicant for the Com-
munity trade mark:

ALTO DE CASABLANCA S.A.

Community trade mark Word mark ‘VERAMONTE’
sought:

goods in class 33 (wine)

for

BODEGAS JULIAN CHIVITE S.L.

Proprietor of the right to
the trade mark or sign
asserted by way of oppo-
sition in the opposition
proceedings:

Trade mark or
sign
asserted by way of oppo-
sition in the opposition
proceedings:

BEAMONTE’

National marks ‘BEAMONTE’ and
‘BODEGAS
for
goods in class 33 (wines, spirits,
liquors) and services in class 39
(goods transportation services)

— annul the Commission decision, notified to the applicant
by letter dated 14 November 2003, not to proceed with
the decision for a marketing authorisation of Omnitrop
under Article 10(1)(a)(ii) of Directive 2001/83 and to
send the CPMP opinion of 26 June 2003 back to the
EMEA;

Decision of the Oppo-
sition Division:

Registration refused

— order the Commission to pay the applicants costs.

— direct the Office for Harmonisation in the Internal Market
to proceed to register Community Mark Application
number 568337;

Action brought on 14 January 2004 by Sandoz GmbH
against the Commission of the European Communities