Case T-269/04: Action brought on 29 June 2004 by IDOM, SA against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Date: 2004-08-28
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), consultancy, service industry, software, trade-mark law

C 217/38

EN

Official Journal of the European Union

28.8.2004

Action brought on 29 June 2004 by IDOM, SA against the
Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (OHIM)

Pleas in law:

Incorrect interpretation of Article
8(1)(b) and (4) of Regulation (EC)
No 40/94

(Case T-269/04)

(2004/C 217/67)

(Language of the case: Spanish)

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 29
June 2004 by IDOM, SA, established in Bilbao (Spain), repre-
sented by T. Villate Consonni, lawyer at the Ilustre Colegio de
Madrid (Madrid bar).

The applicant claims that the Court should:

— annul the decision of 27 April 2004 by OHIM's Second

Board of Appeal in case R-153/2003-2;

— annul decision 3707/2002 in opposition proceedings
B282733 in so far as it rejects the opposition brought by
IDOM, SA and allow the application for the contested mark
for Class 37 and part of Class 42;

— uphold the arguments of the appellant ordering the Opposi-
tion Division of OHIM entirely to refuse registration of the
mark in question;

— order OHIM to pay the costs arising from the present

action if it is unsuccessful in its claims.

Pleas in law and main arguments:

Applicant
munity trade mark:

for

Com-

Community trade mark
sought:

Proprietor of mark or
sign cited in the opposi-
tion proceedings:

Mark or sign cited in
opposition.

Decision of the Opposi-
tion Division:

Idom Incorporated

Figurative mark 'IDOM' – applica-
tion No 1 185 800 for services in
Classes 35, 37 and 42 (manage-
ment,
infor-
matics)

consultancy

and

The applicant

Community figurative mark IDOM
(No 847 236), Spanish figurative
marks IDOM (Nos 789 822, 789
823, 1 195 931, 2 052 591, 2
052 592, 2 052 593) and Spanish
word mark IDOM (No 217 244)
for services in Classes 35, 37 and
42

Allow the opposition as regards
services in Class 35 covered by
both marks, and dismiss
it as
regards services in Classes 37 and
42

Removal from the Register of Case T-304/99 (1)

(2004/C 217/68)

(Language of the case: Dutch)

the President of

By order of 10 June 2004,
the Second
Chamber (Extended Composition) of the Court of First Instance
of the European Communities has ordered the removal from
the Register of Case T-304/99, Oliehandel Kuster B.V.,
supported by the Kingdom of the Netherlands v Commission
of the European Communities.

(1) OJ C 63, 4.3.2000.

Removal from the Register of Case T-69/02 (1)

(2004/C 217/69)

(Language of the case: Spanish)

By order of 7 June 2004 the President of the First Chamber of
the Court of First Instance of the European Communities has
ordered the removal from the Register of Case T-69/02, Orga-
nización de Productores de Tunidos Congelados (OPTUC) v
Commission of the European Communities.

(1) OJ C 118 of 18.5.2002.

Removal from the register of Case T-249/03 (1)

(2004/C 217/70)

(Language of the case: French)

By order of 11 June 2004, the President of the Court of First
Instance of the European Communities ordered the removal
from the register of Case T-249/03, Y v Commission of the
European Communities.

Decision of
of Appeal:

the Board

Dismissal of the appeal

(1) OJ C 213 of 6.9.2003.