Case T-262/04: Action brought on 25 June 2004 by BIC S.A. against the Office for Harmonisation in the Internal Market
Date: 2004-10-09
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), manufactured goods, tobacco industry, trade-mark law

C 251/22

EN

Official Journal of the European Union

9.10.2004

With regard to Articles 6(3), 7(1) and 8(2)(a) of Regulation
No 60/2004, the applicant alleges infringement of the princi-
ples of solidarity and good faith in relations between the
Member States and the Community institutions (Article 10 EC)
by reason of the imposition on Poland, through the contested
measures, of obligations with which it
is in practice not
possible to comply, and by reason of the refusal to cooperate
with a view to overcoming difficulties which have arisen.

With regard to all of the contested provisions of Regulation
No 60/2004, the applicant argues that the Commission abused
its powers by adopting measures the real objective of which is
not to facilitate Poland in adopting the rules of the Common
Agricultural Policy but rather to protect the market of the
Community of 15 States against competition from Polish agri-
cultural producers.

(1) OJ 2003 L 236, p. 33.
(2) OJ 2001 L 178, p. 1, as subsequently amended.

Action brought on 25 June 2004 by BIC S.A. against the
Office for Harmonisation in the Internal Market

(Case T-262/04)

(2004/C 251/40)

(Language of the case: French)

Pleas in law:

The applicant has shown that the
shape of the lighter in respect of
which the application for registra-
tion as a Community trade mark
was made is widely recognised by
consumers as belonging to it.

The applicant has established that
the shape of the BIC lighter had
acquired a distinctive
character
within the meaning of Article 7 of
Regulation (EC) No 40/94.

Action brought on 25 June 2004 by BIC S.A. against the
Office for Harmonisation in the Internal Market

(Case T-263/04)

(2004/C 251/41)

(Language of the case: French)

An action against the Office for Harmonisation in the Internal
Market was brought before the Court of First Instance of the
European Communities on 25 June 2004 by BIC S.A., estab-
lished in Clichy (France), represented by Michel-Paul Escande,
lawyer.

An action against the Office for Harmonisation in the Internal
Market was brought before the Court of First Instance of the
European Communities on 25 June 2004 by BIC S.A., estab-
lished in Clichy (France), represented by Michel-Paul Escande,
lawyer.

The applicant claims that the Court should:

The applicant claims that the Court should:

— annul the decision of the Fourth Board of Appeal of the
Office for Harmonisation in the Internal Market
(Trade
Marks and Designs) of 6 April 2004 (Case R 468/2003-4),
in so far as it decided that Community trade mark applica-
tion No 1 738 392 should be refused on the grounds laid
down in Article 7 of Regulation No 40/94, since BIC has
shown that the conditions for the application of that article
were not satisfied in the present case;

— order the defendant to pay the costs.

Pleas in law and main arguments:

— annul the decision of the Fourth Board of Appeal of the
(Trade
Office for Harmonisation in the Internal Market
Marks and Designs) of 6 April 2004 (Case R 468/2003-
4), (1) in so far as it decided that Community trade mark
application No 1 738 566 should be refused on the
grounds laid down in Article 7 of Regulation No 40/94,
since BIC has shown that the conditions for the application
of that article were not satisfied in the present case;

— order the defendant to pay the costs.

Community trade mark
applied for:

Three-dimensional
the shape of a lighter.

trade mark in

Pleas in law and main arguments:

Goods or services:

Goods
articles,
No 1 738 392.

in Class 34 (smoker's
lighters) — application

Decision
before
Appeal:

contested
the Board of

Refusal to register by the exam-
iner.

Decision of
of Appeal:

the Board

Appeal dismissed.

Community trade mark
applied for:

Three-dimensional trade mark in
the shape of a lighter.

Goods or services:

Goods
articles,
No 1 738 566.

in Class 34 (smoker's
lighters) — application