Case T-341/04: Action brought on 13 August 2004 by DATAC AG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2004-11-20
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), computer, hiring, printing, software, trade licence, trade-mark law

20.11.2004

EN

Official Journal of the European Union

C 284/21

Decision of the Opposi-
tion Division:

Opposition dismissed.

Decision of
of Appeal:

the Board

Appeal partially upheld, the trade
mark applied for being refused for
products in Classes 32 and 33.

Pleas in law:

Infringement of Article 8(1)(b) of
Regulation (EC) No 40/94.

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

Mark or sign cited in
opposition:

DATEV eG.

tools,

The German and Community
word marks ‘DATEV’
for goods
and services in Classes 9, 16, 35,
41 and 42 (inter alia, office organi-
sation
data
processing for others, providing of
training and tuition in the field of
data processing
and planning,
developing, establishing and main-
tenance of electronic data proces-
sing programmes).

electronic

Action brought on 13 August 2004 by DATAC AG against
the Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

(Case T-341/04)

(2004/C 284/42)

(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 13
August 2004 by DATAC AG, Passau (Germany), represented
by K. Zingsheim, lawyer.

DATEV eG, Nuremberg (Germany), was also a party to the
proceedings before the Board of Appeal.

Decision of the Opposi-
tion Division:

Decision of
of Appeal:

the Board

Pleas in law:

Rejection of the opposition.

Annulment of the decision of the
Opposition Division and referral
the proceedings back to the
of
Opposition Division.

— infringement of Articles 8(1)(b)
and 53(1) of Regulation (EC)
No 40/94;

— misapplication of Article 8(5)
of Regulation (EC) No 40/94;

— no likelihood of

confusion

between the opposed marks.

The applicant claims that the Court should:

Action brought on 31 August 2004 by Marguerite Chetcuti
against Commission of the European Communities

— annul the decision of the Fourth Board of Appeal of the
Office for Harmonisation in the Internal Market of 12 May
2004 in Case R 176/2002-4;

— reject the opposition entered by DATEV eG;

— order the defendant to pay the costs.

Pleas in law and main arguments:

Applicant
munity trade mark:

for

Com-

Community trade mark
sought:

The applicant.

for
The word mark ‘DATAC’
goods and services in Classes 9,
16, 23 and 42 (inter alia, computer
hardware and parts and computer
software, printed matter, business
affairs and rental and licensing of
computer hardware and software)
— Application No 665 455.

(Case T-357/04)

(2004/C 284/43)

(Language of the case: French)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 31 August 2004 by Marguerite
Chetcuti, residing in Zejtun (Malta), represented by Marc-Albert
Lucas, lawyer.

The applicant claims that the Court should:

— Declare unlawful point III of competition notice COM/P A/

04 of 6 April 2004;

— Annul the decision of 22 June 2004 of the competition
selection board rejecting her candidature in reliance on that
provision;