Case T-378/04: Action brought on 22 September 2004 by Orsay GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Date: 2004-12-18
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), clothing industry, footwear industry, textile product, trade-mark law

18.12.2004

EN

Official Journal of the European Union

C 314/21

Another part of the expenditure excluded concerns expenditure
for animal premiums. The Hellenic Republic asks that
the
contested decision be annulled and on that limb it is main-
tained that the Commission erred as to the facts, wrongly
assessed the factual circumstances, ignored crucial evidence and
gave erroneous reasons for its decision. It also alleges infringe-
ment of the principle of proportionality.

(1) Official Journal L 250 of 24.7.2004, p. 21.
(2) Regulation (EEC) No 729/70 of the Council of 21 April 1970 on
the financing of the common agricultural policy (OJ, English Special
Edition 1970 (I), p. 218).

(3) Council Regulation (EC) No 2201/96 of 28 October 1996 on the
common organisation of the markets in processed fruit and vege-
table products (OJ L 297, 21.11.1996, p. 29).

(4) Commission Regulation (EC) No 504/97 of 19 March 1997 laying
down detailed rules for the application of Council Regulation (EC)
No 2201/96 as regards the system of production aid for products
processed from fruit and vegetables (OJ 1997 L 78, 20.03.1997, p.
14).

(5) Council Regulation (EC) No 1258/1999 of 17 May 1999 on the
the common agricultural policy (OJ L 160 of

financing of
26.06.1999, p. 103).

(6) Commission Regulation (EC) No 1663/95 of 7 July 1995 laying
down detailed rules for the application of Council Regulation (EEC)
No 729/70 regarding the procedure for the clearance of
the
accounts of the EAGGF Guarantee Section (OJ L 158 of 8.7.1995,
p. 6).

Action brought on 22 September 2004 by Orsay GmbH
the Office for Harmonisation in the Internal
against
Market (Trade Marks and Designs) (OHIM)

(Case T-378/04)

(2004/C 314/52)

(Language of the case: German)

— declare that the Community trade mark ‘Orsay’ sought by
application No 1 042 605 is to be registered by OHIM for
the goods ‘clothing, boots, shoes and slippers; headgear’ in
Class 25;

— order OHIM to pay the costs.

Pleas in law and main arguments:

Applicant
munity trade mark:

for

Com-

The applicant

Community trade mark
sought:

Figurative mark ‘Orsay’ for goods
in Class 23 (yarns and threads,
etc.), Class 24 (clothing etc.) and
Class 25 (headgear), application
No 1 042 605

Decision of the Opposi-
tion Division:

Refusal
applied for

to register

the mark

Decision of
of Appeal:

Pleas in law:

the Board

Dismissal of the appeal

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

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

Action brought on 22 September 2004 by Erich Draz-
the Office for Harmonisation in the
dansky against

Internal Market (Trade Marks and Designs) (OHIM)

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM) was brought before
the Court of First Instance of the European Communities on 22
September 2004 by Orsay GmbH, established in Willstätt
(Germany), represented by D. von Schultz, lawyer.

(Case T-383/04)

(2004/C 314/53)

The applicant claims that the Court should:

(Language of the case: German)

— annul the decision of the Fourth Board of Appeal of OHIM
of 15 June 2004 – R 909/2002-4 – Orsay (word/figurative
mark)/D'ORSAY (word/figurative mark)
and Decision
2562/2002 of the Opposition Division of OHIM of 28
the Community
August 2002 insofar as registration of
trade mark sought by application No 1 042 605 was
refused for the goods ‘clothing, boots, shoes and slippers;
headgear’, on the ground of Opposition No B 242 075;

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 22
September 2004 by Erich Drazdansky, resident
in Wiener
Neustadt (Austria), represented by M. Kadlicz, lawyer.