Case T-277/04: Action brought on 9 July 2004 by Vitakraft-Werke Wührmann & Sohn GmbH & Co. KG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2004-12-04
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), cosmetic product, domestic animal, toiletries, trade-mark law

4.12.2004

EN

Official Journal of the European Union

C 300/41

1. The application for interim measures is dismissed.

2. The costs are reserved.

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

The other party before the Board of Appeal was Johnson's
Veterinary
(United
Kingdom).

Sutton Coldfield

Products

Limited,

The applicant claims that the Court should:

— annul the decision of the First Board of Appeal of 27 April

2004 in Case R 560/2003-1;

— order the defendant to pay the costs.

of 19 July 2004

Pleas in law and main arguments:

in Case T-439/03 R II, Ulrike Eppe v European Parliament

(Interlocutory proceedings — Competition — New claim —
Admissibility — Urgency — None)

(2004/C 300/81)

(Language of the case: German)

In Case T-439/03 R II, Ulrike Eppe, residing at Hanover
(Germany), represented by D. Rogalla, lawyer, against European
Parliament (Agents: J. de Wachter and N. Lorenz) — applica-
tion for, primarily, annulment of Competition EUR/A/167/02,
and the resumption of the procedure for that competition
including the applicant and, alternatively, an order restraining
the European Parliament from proceeding with recruitments on
the basis of the results of that competition, the President of the
Court of First Instance made an order on 19 July 2004 in
which he:

1. Rejects the interlocutory application;

2. Reserves the costs.

Action brought on 9 July 2004 by Vitakraft-Werke Wühr-
mann & Sohn GmbH & Co. KG against the Office for
Harmonisation in the Internal Market (Trade Marks and
Designs)

(Case T-277/04)

(2004/C 300/82)

(Language of the case to be determined in accordance with Article
131(2) of the Rules of Procedure — Language in which the applica-
tion is 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 9 July
2004 by Vitakraft-Werke Wührmann & Sohn GmbH & Co.
KG, whose registered office is in Bremen (Germany), repre-
sented by U. Sander, lawyer.

Applicant for the Com-
munity trade mark:

Johnson's
Limited

Veterinary

Products

Community trade mark
applied for:

for

The word mark ‘VITACOAT’ for
goods in Classes 3, 5 and 21
(shampoos, conditioners, prepara-
and skin,
tions
the hair
deodorants,
for
killing mites, lice, fleas and other
parasites, all for animals, as well as
brushes and combs for animals)

preparations

Proprietor of the mark
or sign asserted by way
of opposition:

The applicant

Mark or sign asserted
by way of opposition:

The German word mark ‘VITAK-
RAFT’

Decision of the Opposi-
tion Division:

Rejection of the notice of opposi-
tion

Decision of the Appeal
Board:

Pleas in law:

Dismissal of the applicant's appeal

— infringement of Article 8(1)(b)
of Regulation (EC) No 40/94;

— incorrect

assessment of

the
original distinctive character of
the mark asserted by way of
opposition and of its enhanced
distinctive
arising
from the use which has been
made of it;

character

— incorrect

assessment of
that

the
impact of
the
the fact
marks at issue are identical as
regards the first part – ‘VITA’;

— incorrect

assessment of

the
aural and conceptual similarity
of the marks at issue;

— failure to take into considera-
tion the fact
the goods
concerned are largely identical.

that