Case T-133/05: Action brought on 17 March 2005 by Gérard Meric against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Date: 2005-06-11
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), pulp and paper industry, toiletries, trade-mark law

11.6.2005

EN

Official Journal of the European Union

C 143/39

The applicant claims that the Court should:

— order the latter to pay all the costs incurred by the appli-

— annul the decision of 24 March 2004 fixing the definitive

recruitment grade at Grade A5/4;

cant.

— order the Commission to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

The applicant was appointed an official at Grade A5/4 by deci-
sion of 24 March 2004. In his application he challenges his
definitive recruitment classification. In support of his applica-
tion, the applicant alleges infringement of Article 31 of the
Staff Regulations and a manifest error of assessment. The appli-
cant claims that the Commission ought also to have taken into
account his relevant work and university level experience
between 16 July 1974 and 28 February 1982. The Commission
omitted to take that experience into account because the appli-
cant did not obtain his university economics degree until 1
March 1982.

Action brought on 17 March 2005 by Gérard Meric
the Office for Harmonisation in the Internal
against
Market (Trade Marks and Designs) (OHIM)

(Case T-133/05)

(2005/C 143/74)

(Language in which the application was submitted: French)

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM) was brought before
the Court of First Instance of the European Communities on 17
March 2005 by Gérard Meric, residing in Paris (France), repre-
sented by Pascal Murzeau, lawyer.

ARBORA & AUSONIA, S.L. was also a party to the proceedings
before the First Board of Appeal.

The applicant claims that the Court should:

— alter the decision of the First Board of Appeal of the Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) of 17 January 2005 and, accordingly;

— reject the opposition entered by the company ARBORA &
AUSONIA, S.L. to registration of the trade mark ‘PAM-
PIM'S BABY-PROP’;

Applicant
munity trade mark:

for

Com-

The applicant.

Community trade mark
concerned:

Word mark ‘PAM-PIM'S BABY-
PROP’ in respect of goods in Class
16 (Babies' napkin-pants of paper
and cellulose (disposable)).

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

Mark or sign cited in
opposition:

Decision of the Opposi-
tion Division:

ARBORA & AUSONIA, S.L.

and

figurative
National word
marks 'PAM-PAM'
in respect of
goods in Classes 5, 16 and 25
(any ready-made clothing, in par-
ticular
disposable napkin-pants,
sanitary napkin-pants,
footwear,
sanitary towels … — Spanish
mark Nos 855 391, 1 146 300
and 1 153 492).

The opposition is allowed on the
figurative
basis of
the national
mark 'PAM-PAM'
in respect of
in Class 16 (pants and
goods
napkin-pants of paper and cellu-
lose
mark
No 1 146 300).

Spanish

—

Decision of
of Appeal:

Pleas in law:

the Board

Dismissal of the applicant's appeal

For the average Spanish consumer,
there is no likelihood of confusion
within the meaning of Article
of Council Regulation
8(1)(b)
No 40/94 between the conflicting
marks because there is no simi-
larity either between the mark
applied for and the earlier marks,
or between the goods designated
by the mark applied for and the
earlier marks.