Case T-217/05: Action brought on 3 June 2005 by Marker Völkl International GmbH against Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2005-08-20
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), clothing, footwear industry, sport, sports equipment, trade-mark law

20.8.2005

EN

Official Journal of the European Union

C 205/25

Action brought on 3 June 2005 by Marker Völkl Interna-
tional GmbH against Office for Harmonisation in the
Internal Market (Trade Marks and Designs)

Pleas in law:

(Case T-217/05)

(2005/C 205/46)

(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 3 June
2005 by Marker Völkl International GmbH, established in Baar
(Switzerland), represented by J. Bauer, lawyer.

The decision of
the Board of
Appeal infringes Article 8(1)(b) of
Council Regulation (EC) No 40/94
of 20 December 1993 on the
Community trade mark because
there is no likelihood of confusion
between the marks in opposition
as the mark cited in opposition
slight
rather
has no or
distinctive character and the simi-
larity of the marks in opposition is
slight.

very

Icon Health & Fitness Italia S.P.A., Perugia (Italy), was also a
party to the proceedings before the Board of Appeal.

Action brought on 6 June 2005 by Marta Andreasen
against the Commission of the European Communities

The applicant claims that the Court should:

1. annul the decision of the First Board of Appeal of the Office
for Harmonisation in the Internal Market of 1 April 2005,
case number R 708/2004-1;

2. order the defendant to pay the costs.

Pleas in law and main arguments

(Case T-219/05)

(2005/C 205/47)

(Language of the case: French)

Applicant
munity trade mark:

for

Com-

The applicant, Marker Völkl Inter-
national GmbH

Community trade mark
concerned:

for
in Classes 25 and 28

The word mark 'MOTION'
goods
(Application No 2 099 687)

Proprietor of the mark
or
sign cited in the
opposition proceedings:

Mark or sign cited in
opposition:

Icon Health & Fitness Italia S.P.A.

The word mark 'FIT MOTION' for
in Classes 25 and 28
goods
(Community
trade mark No
1 775 196)

Decision of the Opposi-
tion Division:

Rejection
2 099 687

of

application No

Decision of
of Appeal:

the Board

Dismissal of the appeal

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 6 June 2005 by Marta Andreasen,
residing in Barcelona (Spain), represented by Julien Leclère and
Jean-Marie Verlaine,
lawyers, with an address for service in
Luxembourg.

The applicant claims that the Court should:

— annul the Commission's decision of 13 October 2004 to
remove the applicant
from her post (SEC 2004 12 57
FINAL) taken in the case Andreasen Marta v Commission
and, accordingly, reinstate the applicant in her post as a
Community official with an identical category and grade
(namely A2 — AD15) for breach of Articles 6(1) of the
ECHR and Articles 6, 9, 10 and 24 of Annex IX to the Staff
Regulations;