Case T-425/03: 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)
Date: 2004-03-20
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), pharmaceutical product, 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.

20.3.2004

EN

Official Journal of the European Union

C 71/31

The applicant claims that the Court should:

— annul the contested decision (1) in so far as it refused
application No 1 358 480 for registration of a Com-
munity trade mark;

— grant application No 1 358 480 for registration of a

Community trade mark;

— in the alternative, refer the case back to the Board of

Appeal so that it may give a ruling on the matter;

— order the defendant Office to pay the costs.

Pleas in law and main arguments

Applicant
munity trade mark:

for

Com-

The applicant

Pleas in law:

and

and certain goods and services in
Class 42 (hospitals, convalescent
homes,
sanatoriums; medical,
hygienic and beauty care; medical
research, bacteriology and chemi-
cal
research; development of
medicines, foodstuffs with phar-
maceutical properties and other
health care products, and con-
clinical
ducting medical
examinations, consultancy and
support for others for these activi-
ties;
industrial
in particular medical,
research,
bacteriological
chemical
research; opticians’ services; con-
sultancy for health care pro-
fessionals
in the development,
establishing and conducting of
therapy programmes and the test-
ing of the aforesaid therapy pro-
grammes by means of studies).
Dismissal
opponent’s
of
appeal as to the remainder.

scientific

and

the

or

— No likelihood of confusion
within
of
Article 8(1) and (2) of Regu-
lation (EC) No 40/94.

the meaning

— No evidence of use of the
opposed marks in the Euro-
pean Community justifying
refusal of the application.

Community trade mark
sought:

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

Mark or sign cited in
opposition:

Decision of the Oppo-
sition Division:

Decision of the Board of
Appeal:

figurative mark

‘AMS
The
Advanced Medical Services’
for
goods and services in Classes 5,
10 and 42 — Application No
1 358 480.

American Medical Systems, Inc.

The UK word mark
‘AMS’
(No 2 061 585), the figurative
mark ‘American Medical System’
registered in several States of the
European Union and the regis-
tered
‘AMS
word marks
AMBICOR’, ‘AMS SECURO-T’ and
‘AMERICAN MEDICAL SYSTEMS’
for goods in Class 10.

Refusal of the trade mark appli-
cation in respect of goods in
Class 10. Rejection of the oppo-
sition in so far as the application
concerns goods and services in
Classes 5 and 42.

Refusal of the trade mark appli-
cation in respect of certain goods
in Class 5 (Pharmaceutical, vet-
erinary and sanitary preparations;
dietetic substances adapted for
medical use; plasters, materials for
dressings; material for stopping
teeth, dental wax; disinfectants)

(1) Decision of

the Fourth Board of Appeal of

the Office for
Harmonisation in the Internal Market (Trade Marks and Designs)
in Case R 671/2002-4.

Action brought on 31 December 2003 by SIC-Sociedade
Independente de Comunicação, S.A. against the Com-
mission of the European Communities

(Case T-442/03)

(2004/C 71/59)

(Language of the case: Portuguese)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the