Case T-499/04: Action brought on 23 December 2004 by Hammarplast AB against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2005-03-05
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), decorative item, glass, trade-mark law

C 57/36

EN

Official Journal of the European Union

5.3.2005

Second, the applicant invokes the failure to comply with para-
graph 6 of annex II of the WTO's anti-dumping agreement and
with Article 18(4) of Regulation No 384/96, as well as with the
obligation to protect the applicant's legal rights. The applicant
claims that its legal and procedural rights were infringed by not
informing it of the reasons for the rejection of its evidence, by
failing to grant it an opportunity to provide further information
and by failing to publish the reasons for the rejection of the
representations that the applicant made.

Finally, the applicant invokes a violation of its legitimate expec-
tations in that the Community institutions failed to come to an
expeditious conclusion on the claim for market economy status
of the applicant.

3. order the office and the intervening party, Steninge Slott
AB, to pay all the costs of the dispute before the Court of
First
including those relating to the procedure
before the Second Board of Appeal.

Instance,

Pleas in law and main arguments

Applicant
munity trade mark:

for

Com-

Steninge Slott AB

Community trade mark
concerned:

Word mark ‘STENINGE SLOTT’
for products in class 21 (design
products of glass etc.)

(1) OJ L 303, p. 1
(2) Council Regulation (EC) No 384/96 of 22 December 1995 on
protection against dumped imports from countries not members of
the European Community (OJ 1996 L 56, p. 1)

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

The applicant

Action brought on 23 December 2004 by Hammarplast
AB against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs)

(Case T-499/04)

(2005/C 57/61)

(Language in which the application was lodged: 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 23
December 2004 by Hammarplast, established in Tingsryd
(Sweden), represented by R. Almaraz Palmero, lawyer.

Steninge Slott AB, established in Märsta (Sweden), was also a
party to the proceedings before the Board of Appeal.

Trade mark or
cited in opposition:

sign

National
KERAMIK’
same class

mark
for products

‘STENINGE
in the

Decision of the Opposi-
tion Division:

Refusal of registration

Decision of
of Appeal:

Pleas in law:

the Board

Appeal allowed

Violation of Article 8 paragraph 1
b) of Regulation 40/94 (1)

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

Community trade mark (OJ 11, p. 1)

Action brought on 24 December 2004 by Stéphane
Lopparelli against Commission of the European Commu-
nities

(Case T-502/04)

(2005/C 57/62)

The applicant claims that the Court should:

(Language of the case: French)

1. annul the Decision of the Second Board of Appeal of the

OHIM of 25 October 2004 in case R 394/2003-2;

2. order the office to refuse the registration of

the term
STENINGE SLOTT as a Community trade mark in respect of
the goods in class 21 for which registration has been
accepted;

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 24 December 2004 by Stéphane
Lopparelli, residing in Brussels, represented by S. Orlandi, A.
Coolen, J.-N. Louis and E. Marchal, lawyers, with an address for
service in Luxembourg.