Order of the Court (Sixth Chamber) of 5 October 2004 in Case C-192/03 P: Alcon Inc. against the Office for Harmonization in the Internal Market (Trade Marks and Designs) (OHIM), Dr Robert Winzer Pharma GmbH (Appeal — Community mark — Regulation (EC) No 40/94 — Nullity of the Community mark — Article 51 of Regulation No 40/94 — Absolute grounds for refusal of registration — Article 7(1)(d) of Regulation No 40/94 — Distinctive character acquired through use — Article 7(3) of Regulation No 40/94 — Word mark‘BSS’)
Date: 2005-01-08
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), pharmaceutical industry, trade-mark law

8.1.2005

EN

Official Journal of the European Union

C 6/21

ORDER OF THE COURT

ORDER OF THE COURT

(Fourth Chamber)

of 22 June 2004

(Sixth Chamber)

of 5 October 2004

in Case C-151/03 P: Karl L. Meyer against the Commission
of the European Communities (1)

in Case C-192/03 P: Alcon Inc. against the Office for
Harmonization in the Internal Market (Trade Marks and
Designs) (OHIM), Dr Robert Winzer Pharma GmbH (1)

(Appeal — Action for damages — Compensation for losses
suffered due to maladministration by the Commission —
Application of the decisions relating to the association of the
OCTs)

(Appeal — Community mark — Regulation (EC) No 40/94
— Nullity of the Community mark — Article 51 of Regu-
lation No 40/94 — Absolute grounds for refusal of registra-
tion — Article 7(1)(d) of Regulation No 40/94 — Distinctive
character acquired through use — Article 7(3) of Regulation
No 40/94 — Word mark ‘BSS’)

(2005/C 6/40)

(Language of the case: French)

(2005/C 6/41)

(Language of the case: English)

In Case C-151/03P: Karl L. Meyer, residing at Uturoa (Island of
Raiatea, French Polynesia) (lawyer: J.-D. des Arcis) the other
party to the proceedings being the Commission of the Euro-
pean Communities (Agents: M.-J. Jonczy and M.B. Martenczuk)
– appeal against the judgment of the Court of First Instance of
the European Communities (Third Chamber) of 13 February
2003 in Case T-333/01 Meyer v Commission [2003] ECR II-
117, asking for that judgment to be set aside – the Court
(Fourth Chamber), composed of J. N. Cunha-Rodrigues, Presi-
dent of the Chamber, N. Colneric (Rapporteur) and K. Schie-
mann,
Judges; Advocate General: A. Tizzano, Registrar: R.
Grass, has given an order on 22 June 2004, in which it:

In Case C-192/03P: Alcon Inc., formerly Alcon Universal Ltd,
established in Hünenberg (Switzerland) (lawyers: C. Morcom,
QC, and S. Clark), the other parties to the proceedings being
the Office for Harmonization in the Internal Market (Trade
Marks and Designs) (OHIM) (Agents: S. Laitinen and A. Sesma
Merino) and Dr Robert Winzer Pharma GmbH, established in
Olching (Germany) (lawyer: S. Schneller) – appeal under Article
56 of the Statute of the Court of Justice, brought on 2 May
2003 – the Court (Sixth Chamber), composed of J.-P. Puisso-
chet (Rapporteur), President of the Chamber, F. Macken and U.
Lõhmus, Judges; Advocate General: M. Poiares Maduro, Regis-
trar: R. Grass, has given an order on 5 October 2004, in which
it:

1) Dismisses the action;

1) Dismisses the action;

2) Orders Mr Meyer to pay the costs.

2) Orders Alcon Inc. to pay the costs.

(1) OJ C 112 of 10.5.2003.

(1) OJ C 158 of 5.7.2003.