Action brought on 21 January 2004 by Reemark Gesellschaft für Markenkooperation mbH, against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Date: 2004-04-17
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), audiovisual equipment, clothing, music, trade-mark law

17.4.2004

EN

Official Journal of the European Union

C 94/45

Action brought on 21 January 2004 by Reemark
Gesellschaft
the
Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (OHIM)

für Markenkooperation mbH, against

Mark or sign cited in
opposition:

(Case T-22/04)

(2004/C 94/127)

(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)

Decision of the Opposi-
tion Division:

Decision of
of Appeal:

the Board

An action against the Office for Harmonisation in the Internal
Market was brought before the Court of First Instance of the
European Communities on 21 January 2004 by Reemark
Gesellschaft für Markenkooperation mbH, Hamburg, Germany,
represented by Ms P. Koch Moreno, lawyer.

Pleas in law:

Bluenet Limited was also a party to the proceedings before the
Board of Appeal.

international

The
and national
word mark ‘West’ for goods and
services in classes 1 to 13, 15 to
31 and 35 to 41 (apparatus for
recording;
matter;
clothing; education and entertain-
ment;...)

printed

Rejection of
the application for
the word mark
registration of
‘Westlife’ for the contested goods
and services

Annulment of the contested deci-
sion insofar as it upheld the oppo-
sition of Reemark Gesellschaft für
Markenkooperation mbH

Violation of Article 8 (1)
Council
40/94 (1)

Regulation

(b) of
(EC) No

The applicant claims that the Court should:

(1)

Regolamento (CE) del Consiglio 20 dicembre 1993, n.

40/94, sul marchio comunitario (GU L 11, pag. 1).

— declare non-conformity with section 8.1.b) of the EC Regu-
lation 40/94 concerning the Community trade mark of the
Decision of 17 November 2003 issued by the Second
Appeals Chamber of the OHIM by which the appeal lodged
by Bluenet Limited against Decision No 106/2002 of 25
January 2002 was upheld, with the consequent dismissal of
the opposition proceeding B 279 358 brought against the
community trade mark application No 1 169 085, Westlife,
in classes 9, 16, 25 and 41;

— declare the confusing nature of Community trade mark
application number 1,169,085, Westlife, classes 9, 16, 25
and 41 with German trade mark No 397 43 603, West,
that protects identical products and services of the same
classes, 9, 16, 25 and 41;

— instruct payment of the costs of the proceeding to the

defendant party.

Pleas in law and main arguments:

Applicant for the Com-
munity trade mark:

Bluenet Ltd.

The Community trade
mark sought:

The word mark ‘Westlife’
for
goods and services in classes 9,
16, 25 and 41 (Sound storage
media,
image storage media and
data storage media; printed matter;
clothing;
services
entertainment
provided by a musical band,...)
(Application No 1169085)

Proprietor of mark or
sign cited in the

Reemark Gesellschaft für Marken-
kooperation mbH

Action brought on 28 January 2004 by João Andrade Sena
against European Air Safety Agency

(Case T-30/04)

(2004/C 94/128)

(Language of the Case: French)

An action against the European Air Safety Agency was brought
before the Court of First Instance of the European Communities
on 28 January 2004 by João Andrade Sena, residing at Rhode
St Genèse (Belgium), represented by G. Vandersanden, L. Levi
and A. Finchelstein, lawyers.

The applicant claims that the Court should:

— Annul the European Air Safety Agency's (EASA) decisions
of 11 July 2003 to appoint another person to the post of
executive director and to reject the applicant's candidature
for that post;

— Order the payment of damages as compensation for the
applicant's loss in the sum of EUR 2, the amount fixed on
an equitable basis;

— Order the defendant to pay all the costs.