Case T-62/05: Action brought on 15 February 2005 by Lotto Sport Italia S.p.A. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2005-04-30
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), optical industry, trade-mark law

30.4.2005

EN

Official Journal of the European Union

C 106/31

The applicants claim that the Court should:

Pleas in law and main arguments

1. annul the applicants' May 2004 pension slips, with the
effect of applying a weighting coefficient at the level of the
capital of their country of residence, or at least a weighting
coefficient adequately reflecting differences in the cost of
living in the places where the applicants are deemed to
incur expenses.

2. order the Council to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are identical with those
in Case T-35/05 Elisabeth Agne-Dapper and others v Commission.

Action brought on 15 February 2005 by Lotto Sport Italia
S.p.A. against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs)

(Case T-62/05)

(2005/C 106/65)

(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 15
February 2005 by Lotto Sport
Italia S.p.A., established in
Treviso (Italy),
represented by S. Feltrinelli and G. Brogi,
lawyers.

Brillen Vertriebs-GmbH,

Eisingen
Lotos
(Germany) was also a party to the proceedings before the
Board of Appeal.

established

in

The applicant claims that the Court should:

Applicant
munity trade mark:

for

Com-

Community trade mark
concerned:

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

Trade mark or
cited in opposition:

sign

Lotto Sport Italia S.p.A.

The figurative mark ‘Lotto’
for
goods in classes 3, 9 and 16 (Spec-
tacles, spectacle frames, spectacle
cases, spectacle chains, spectacle
cords, spectacle lenses, binoculars
(optics, …) — application No
1 443 183

Lotos Brillen Vertriebs GmbH

The Community and international
word mark ‘Lotos’
for goods in
classes 9, 14 and 18 (Optical
apparatus and instruments; specta-
cles; spectacle frames, in particular
of metal; precious metals and their
leather and imitations of
alloys;
leather; …) — CTM registration
No 610 642

Decision of the Opposi-
tion Division:

Rejection of the trade mark appli-
cation for the opposed goods, ie.
the goods in class 9

Decision of
of Appeal:

Pleas in law:

the Board

Dismissal of the appeal

Violation of Article 8(1)(b) of
Council Regulation No 40/94

Action brought on 7 February 2005 by Thomas Seldis
against Commission of the European Communities

(Case T-65/05)

(2005/C 106/66)

— annul the decision of the Fourth Board of Appeal of 7

October 2004, ruling case R 572/2003-4;

(Language of the case: French)

— declare that the mark applied for, in so far as it concerns
goods falling in class 9, namely ‘sports spectacles not made
of precious material’, is not capable of being confused with
the opponent's CTM Mark No 610 642 and the Interna-
tional mark No 447 179;

— order the reimbursement of the costs of these proceedings.

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 7 February 2005 by Thomas Seldis,
residing in Amsterdam (Netherlands), represented by Sébastien
Orlandi, Xavier Martin M., Albert Coolen, Jean-Noël Louis and
Etienne Marchal, lawyers.