Case T-350/04: Action brought on 24 August 2004 by Bitburger Brauerei Th. Simon GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Date: 2005-01-22
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, Germany, United States, action for annulment (EU), beer, beverage industry, trade-mark law

C 19/24

EN

Official Journal of the European Union

22.1.2005

ORDER OF THE COURT OF FIRST INSTANCE

of 9 September 2004

in Case T-14/04 Alto da Casablanca SA v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Community trade mark — Representation by a lawyer —
Manifest inadmissibility)

(2005/C 19/52)

(Language of the case: English)

In Case T-14/04, Alto da Casablanca SA, established in Casa-
blanca (Chile), represented by A. Pluckrose, against Office for
Harmonisation in the Internal Market
(Trade Marks and
Designs) (OHIM) (Agent: O. Montalto), the other party to the
proceedings before the Board of Appeal of OHIM being
Bodegas Julián Chivite, SL, established in Cintruénigo (Spain) –
application for annulment of the decision of the Second Board
of Appeal of OHIM of 4 November 2003 (Case R 18/2003-2)
concerning an application for registration of the word mark
VERAMONTE as a Community trade mark – the Court of First
Instance (Fifth Chamber) composed of P. Lindh, President, R.
Garcia-Valdecasas and J.D. Cooke, Judges; H. Jung, Registrar,
made an order on 9 September 2004, the operative part of
which is as follows:

(1) The action is dismissed as manifestly inadmissible;

(2) Each party shall bear its own costs.

(1) OJ C 71 of 20.3.2004.

the European Union
Mercer, barrister, against Council of
(Agents:
J. Monteiro and F. Florindo Gijón), supported by
Commission of the European Communities (Agents: T. van Rijn
and B. Doherty, with an address for service in Luxembourg)
and by Kingdom of Spain (Agents: N. Díaz Abad and E. Braque-
hais Conesa, with an address for service in Luxembourg) –
application for partial suspension of Council Regulation (EC)
No 1954/2003 of 4 November 2003 on the management of
the fishing effort relating to certain Community fishing areas
and resources and modifying Regulation (EC) No 2847/93 and
repealing Regulations (EC) No 685/95 and (EC) No 2027/95
(OJ 2003 L 289, p. 1), in so far as it adversely affects Azorean
in particular, Articles 3, 5(1), 11, 13(b) and 15
waters and,
thereof and the Annex thereto, and/or any other interim
measures deemed to be appropriate – the President of the
Court of First Instance made an order on 7 July 2004, the
operative part of which is as follows:

(1) Porto de Abrigo, Organização de Produtores da Pesca CRL and
GÊ-Questa, Associação de Defesa do Ambiente are granted leave
to intervene in support of the forms of order sought by the appli-
cant;

(2) The application of WWF–World Wide Fund for Nature and Seas

at Risk for leave to intervene is dismissed;

(3) The application for interim measures is dismissed;

(4) Costs are reserved.

Action brought on 24 August 2004 by Bitburger Brauerei
Th. Simon GmbH against the Office for Harmonisation in
the Internal Market (Trade Marks and Designs) (OHIM)

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

of 7 July 2004

(Case T-350/04)

(2005/C 19/54)

in Case T-37/04 R Região autónoma dos Açores v Council
of the European Union

(Language in which the application was submitted: German)

(Proceedings for interim relief — Fisheries — Council Regu-
lation (EC) No 1954/2003 — Application for partial suspen-
sion and other interim measures — Admissibility — Urgency
— Intervention)

(2005/C 19/53)

(Language of the case: English)

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 24
August 2004 by Bitburger Brauerei Th. Simon GmbH, of
represented by Michaela Huth-Dierig,
Bitburg (Germany),
lawyer. Anheuser-Busch,
Inc., of St Louis (United States of
America), was also a party to the proceedings before the Board
of Appeal.

In Case T-37/04 R, Região autónoma dos Açores, represented
by M. Renouf, S. Crosby and C. Bryant, solicitors, and H.

The applicant claims that the Court should:

22.1.2005

EN

Official Journal of the European Union

C 19/25

— annul the decision of the Second Board of Appeal of the
Office for Harmonisation in the Internal Market
(Trade
Marks and Designs) of 22 June 2004 in appeal R 453/
2002-2;

— order the defendant to pay the costs.

Pleas in law and main arguments:

Pleas in law and main arguments:

Applicant
munity trade mark:

for

Com-

Community trade mark
sought:

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

Mark or sign cited in
opposition:

Anheuser-Busch, Inc.

Word mark BUD for goods in
Class 32 (beer, ale, porter, malted
alcoholic beverages) – Application
No 24 711

The applicant

and

German word
figurative
marks Bit, BIT, Bitte ein Bit and
Bitburger for goods and services in
Classes 16, 18, 20, 21, 24, 25, 28,
32, 34 and 42 (inter alia beer and
non-alcoholic drinks)

Decision of the Opposi-
tion Division:

Opposition rejected

Decision of
of Appeal:

Pleas in law:

the Board

Applicant's appeal dismissed

There is considerable aural simi-
larity between the marks

Article 8(1)(b) of Regulation (EC)
No 40/94 was applied incorrectly

The BIT marks with earlier priority
enjoy extended protection under
Article 8(5) of the regulation

Action brought on 24 August 2004 by Bitburger Brauerei
Th. Simon GmbH against the Office for Harmonisation in
the Internal Market (Trade Marks and Designs) (OHIM)

(Case T-351/04)

(2005/C 19/55)

(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 24
August 2004 by Bitburger Brauerei Th. Simon GmbH, of
represented by Michaela Huth-Dierig,
Bitburg (Germany),
lawyer. Anheuser-Busch,
Inc., of St Louis (United States of
America), was also a party to the proceedings before the Board
of Appeal.

The applicant claims that the Court should:

— annul the decision of the Second Board of Appeal of the
Office for Harmonisation in the Internal Market
(Trade
Marks and Designs) of 22 June 2004 in appeal R 447/
2002-2;

— order the defendant to pay the costs.

Applicant
munity trade mark:

for

Com-

Anheuser-Busch, Inc.

Community trade mark
sought:

Figurative mark American Bud for
goods in Classes 16, 25 and 32
(inter alia paper, clothing, beer,
ale, porter, malted alcoholic and
non-alcoholic beverages) – Appli-
cation No 398 966

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

The applicant

Mark or sign cited in
opposition:

and

German word
figurative
marks Bit, BIT and Bitte ein Bit for
goods and services in Classes 16,
18, 20, 21, 24, 25, 28, 32, 34
and 42 (inter alia beer and non-
alcoholic drinks)

Decision of the Opposi-
tion Division:

Opposition rejected