Case T-152/05: Action brought on 18 April 2005 by John Arthur Slater against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2005-06-11
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), catering industry, clothing industry, trade-mark law

11.6.2005

EN

Official Journal of the European Union

C 143/43

Finland's stage 1 proposal of sites, from which the sites of
Community importance were chosen by the Commission deci-
sion in accordance with the third subparagraph of Article 4(2)
of the directive, is contrary to the nature directive's mandatory
selection criteria for the choice of sites.

The Commission is obliged to ensure that the sites included in
satisfy the biogeographical
the Member State's proposal
requirements required for the inclusion of sites in the decision
to be made after stage 2. The Commission thus may not,
without a proper examination of
the biogeographical data,
approve a proposed site for entry in the list of sites of Com-
munity importance.

(1) Commission Decision 2005/101/EC of 13 January 2005 adopting,
pursuant to Council Directive 92/43/EEC, the list of sites of Com-
munity importance for the Boreal biogeographical region, OJ L 40,
11.2.2005, p. 1.

Action brought on 18 April 2005 by John Arthur Slater
the Office for Harmonisation in the Internal
against

Market (Trade Marks and Designs)

(Case T-152/05)

(2005/C 143/79)

(Language in which the application was lodged: English)

An action against the Office for Harmonisation in the Internal
(Trade Marks and Designs) was brought before the
Market
Court of First Instance of the European Communities on 18
April 2005 by John Arthur Slater, residing in London (United
Kingdom), represented by M. J. Gilbert, Solicitor.

Inc., established in Mississanga,
Prime Restaurant Holdings,
Ontario (Canada) was also a party to the proceedings before
the Board of Appeal.

The applicant claims that the Court should:

— annul the decision of the Fourth Board of Appeal dated 13

December 2004 in Case R 582/2003-4;

— dismiss Prime Restaurant Holdings,

for a
invalidity in respect of Community trade

Inc's request

declaration of
mark registration No 447730;

Pleas in law and main arguments

Registered Community
trade mark subject of
the application for a
declaration of invalidity:

EAST SIDE
The word mark
MARIO'S for goods and services in
classes 25, 26 and 42 — Com-
munity trade mark No 447730

Proprietor of the Com-
munity trade mark:

John Arthur Slater

the
requesting
Party
declaration of invalidity
of the Community trade
mark:

Rights of the applicant
for
declaration of
a
invalidity:

Prime Restaurant Holdings, Inc.

The national word and figurative
marks EAST SIDE MARIO'S

Decision of the Cancel-
lation Division:

Invalidity of the Community trade
mark

Decision of
of Appeal:

Pleas in law:

the Board

Dismissal of the appeal

Violation of Article 51(1)(b) of
Council Regulation No 40/94.
the
According to the applicant,
the
Board erred in finding that
applicant acted for a third person
who should be considered to be
the applicant for the trade mark,
that this third person acted in bad
faith and that there is unfair prac-
tice.

Removal from the Register of Case T-176/00 (1)

(2005/C 143/80)

(Language of the case: Dutch)

the Court of First

the Fourth
By order of 11 March 2005,
Chamber of
the European
Communities has ordered the removal from the Register of
Case T-176/00, Cargill B.V. v Commission of the European
Communities.

the President of
Instance of

— order the Office and other parties to bear their own costs
and pay those of the applicant in this application, in appeal
No R582/2003-4 and in cancellation proceedings No
232C000447730/1.

(1) OJ C 285 of 7.10.2000.