Case T-403/03: Action brought on 15 December 2003 by Marmara Import-Export GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Date: 2004-03-20
Institutions: Court of First Instance
Subjects: European Union Intellectual Property Office, action for annulment (EU), animal product, trade mark, trade-mark law

C 71/30

EN

Official Journal of the European Union

20.3.2004

reassign the applicant to the post of Principal Adviser at the
statistical office of the European Communities (Eurostat) and
of the decision of 1 October 2003 reorganising Eurostat and,
second, for the Commission to undertake the steps necessary
to enable the applicant to resume her functions as Director as
soon as possible — the President of the Court of First Instance
made an order on 25 November 2003, the operative part of
which is as follows:

1.

2.

The application for interim relief is dismissed.

Costs are reserved.

Action brought on 15 December 2003 by Marmara
Import-Export GmbH against the Office for Harmonis-
ation in the Internal Market (Trade Marks and Designs)
(OHIM)

(Case T-403/03)

(2004/C 71/57)

(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
Court of First Instance of the European Communities on
15 December 2003 by Marmara Import-Export GmbH, Düssel-
dorf
represented by G. Rother and A. von
Arnswaldt, lawyers. Marmara Zeytin Tarim Satis Kooperatifleri
Birligi, Bursa (Turkey), was also a party to the proceedings
before the Board of Appeal.

(Germany),

The applicant claims that the Court should:

— annul the decision of the First Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade
Marks and Designs) of 1 October 2003 (R 515/2002-1);

— reject the opposition of the other party to the proceedings

before the Board of Appeal;

— stay proceedings until a decision has been given on the

application for a declaration of invalidity;

— order the defendant Office to pay the costs.

Pleas in law and main arguments

Applicant
munity trade mark:

for

Com-

Community trade mark
sought:

The applicant.

The word and figurative mark
‘marmara’ for goods in Classes 29,
30, 31, 32 and 33 (inter alia,
meat, fish, poultry and game) —
Application No 1 443 258.

Proprietor of mark or Marmara Zeytin Tarim Satis
sign cited in the oppo-
sition proceedings:

Kooperatifleri Birligi.

Mark or sign cited in
opposition:

Decision of the Oppo-
sition Division:

Decision of the Board of
Appeal:

Pleas in law:

The Community
trade mark
‘MARMARABIRLIK’ for goods in
Class 29 (inter alia, meat, fish,
poultry and game) — Trade mark
No 681 429.

Rejection of the opposition.

The decision of the Opposition
Division was annulled and the
appeal allowed.

There is no likelihood of con-
fusion between the two marks
within
of
Article 8(1)(b) of Regulation (EC)
No 40/94.

meaning

the

Action brought on 17 December 2003 by AMS Advanced
Medical Services against the Office for Harmonisation in
the Internal Market (Trade Marks and Designs) (OHIM)

(Case T-425/03)

(2004/C 71/58)

(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
Court of First Instance of the European Communities on
17 December 2003 by AMS Advanced Medical Services,
Mannheim (Germany), represented by G. Lindhofer, lawyer.
American Medical Systems, Inc., Minnetonka (United States of
America), was also a party to the proceedings before the Board
of Appeal.