Case T-336/03: Action brought on 1 October 2003 by Les Éditions Albert René S. à r.l. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2004-04-03
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law

3.4.2004

EN

Official Journal of the European Union

C 85/27

2.

The applicant shall bear its own costs and those of
Commission.

the

Decision of the Oppo-
sition Division:

rejection of the opposition

(1) OJ C 31, 8.2.2003.

Action brought on 1 October 2003 by Les Éditions Albert
René S. à r.l. against the Office for Harmonisation in the
Internal Market (Trade Marks and Designs)

(Case T-336/03)

(2004/C 85/53)

(Language of the case: to be determined pursuant to Article 131(2)
of the Rules of Procedure — Language in which the application has
been drafted: 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
1 October 2003 by Les Éditions Albert René S. à r.l., of Paris,
represented by J. Pagenberg, avocat. A further party to the
proceedings before the Board of Appeal was Orange A/S, of
Copenhagen.

Decision of the Board of
Appeal:

partial rejection of the application
in respect of goods and services in
Classes 9 and 35. For the rest,
dismissal of the appeal lodged by
the applicant

Grounds of claim:

— The trade mark opposed is a

well-known mark;

— The trade mark opposed is
also
against
protected
exploitation outside the area
of similarity in respect of
goods and services;

— There is a significant simi-
larity between the marks.

Action brought on 13 January 2004 by Luigi Marcuccio
against the Commission of the European Communities

(Case T-9/04)

(2004/C 85/54)

The applicant claims that the Court should:

(Language of the case: Italian)

— annul the decision adopted on 14 July 2003 by the
Fourth Board of Appeal of the Office for Harmonisation
in the Internal Market (Trade Marks and Designs) in Case
No R 559/2002-4;

— order the Office to pay the costs.

Pleas in law and main arguments

Applicant for the Com-
munity trade mark:

Orange A/S

the verbal mark ‘MOBILIX’
for
goods and services in Classes 9,
16, 35, 37, 38 and 42 — Appli-
cation No 671 396

the applicant

The Community trade
mark applied for:

Proprietor of the trade-
mark right opposed in
the opposition proceed-
ings:

Trade-mark right
opposed:

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 13 January 2004 by Luigi Marcuc-
cio, represented by Alessandro Distanto, avvocato.

The applicant claims that the Court should:

— Annul the decision of the Appointing Authority rejecting

his request;

— Declare that on 29 October 2001, the applicant, then in
the service of the Angola Delegation, was the victim of
an accident at work, which occurred therein;

— Order the Commission to pay the costs.

Pleas in law and main arguments

the national verbal and Com-
munity mark ‘OBELIX’ for goods
and services in, inter alia, Class-
es 9, 16, 28, 35, 41 and 42

The applicant takes issue with the defendant’s refusal to treat
as an accident at work, with the consequential benefits
provided for in the Staff Regulations in relation to insurance
the
against risks of occupational accidents and diseases,