do-me/EUR-LEX huggingface dataset:
Case T -137/09: Action brought on 6 April 2009 — Nike International v OHIM — Muñoz Molina (R10)
Date: 2009-04-06
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), textile product, trade-mark law








C_2009129EN.01001902.xml










6.6.2009   


EN


Official Journal of the European Union


C 129/19





Action brought on 6 April 2009 — Nike International v OHIM — Muñoz Molina (R10)
(Case T -137/09)
2009/C 129/34
Language in which the application was lodged: Spanish

Parties


Applicant: Nike International Ltd (Oregon, United States) (represented by: M. de Justo Bailey, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM: Aurelio Muñoz Molina (Santa Pola, Spain)

Form of order sought







—


Amend the contested decision with regard to the inadmissibility of the appeal, finding that that appeal is admissible, and order the Board of Appeal act in accordance therewith and examine the substance of the appeal;










—


In the alternative, find infringement by the Board of Appeal and the Opposition Division of Article 73 of Regulation No 40/94 and the other provisions applicable, ordering its retroactive application to the file to remedy the lack of opportunity of the applicant (Nike International Ltd) to correct the anomalies as assignee of the prior right and/or, at the very least, the correct notification of the Decision to the representative of the preceding proprietor (DL Sports & Marketing Ltda.).





Pleas in law and main arguments


Applicant for a Community trade mark: Aurelio Muñoz Molina.

Community trade mark concerned: Word mark ‘R10’ (application for registration No 4 813 713) for goods and services in Classes 18, 25 and 35.

Proprietor of the mark or sign cited in the opposition proceedings: The applicant.

Mark or sign cited in opposition: Unregistered Spanish mark ‘R10’.

Decision of the Opposition Division: Rejection of the opposition on procedural grounds and, specifically, for infringement of the provisions of Article 58 of Council Regulation (EC) No 40/94 on the Community trade mark, (1) and of Rule 49(1) of Commission Regulation (EC) No 2868/95 of 13 December 1995 implementing Council Regulation (EC) No 40/94 on the Community trade mark. (2)


Decision of the Board of Appeal: Dismissal of the appeal as inadmissible.

Pleas in law: Incorrect assessment of the conditions for admissibility of the appeal, breach of the duty to give reasons and breach of the right to a fair hearing.


(1)  OJ 1994 L 11, p. 1.

(2)  OJ 1995 L 303, p. 1.
Case T -132/09: Action brought on 6 April 2009 — Epcos v OHIM — Epco Sistemas (EPCOS)
Date: 2009-04-06
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2009129EN.01001901.xml










6.6.2009   


EN


Official Journal of the European Union


C 129/19





Action brought on 6 April 2009 — Epcos v OHIM — Epco Sistemas (EPCOS)
(Case T -132/09)
2009/C 129/33
Language in which the application was lodged: German

Parties


Applicant: Epcos AG (Munich, Germany) (represented by: L. von Zumbusch, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM: Epco Sistemas, SL (Constanti, Spain)

Form of order sought







—


Annul the decision of the Second Board of Appeal of 19 January 2009, R 1088/2008-2;










—


annul Decision No B 979767 of the Opposition Division of 22 May 2008 on the opposition proceedings brought by the opposing party, in so far as the opposition was upheld in respect of the goods ‘NTC-Thermistoren’, ‘PTC-Thermistoren’ and ‘Sensoren’, and reject the opposition in its entirety;










—


order the defendant and the opposing party to pay the costs of the proceedings.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant

Community trade mark concerned: Figurative mark ‘EPCOS’ for goods in Classes 6 and 9 (application No 4 133 799)

Proprietor of the mark or sign cited in the opposition proceedings: Epco Sistemas, SL

Mark or sign cited in opposition: Spanish figurative mark ‘E epco SISTEMAS’ for goods in Class 9

Decision of the Opposition Division: Upholding in part of the opposition

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Breach of Article 8(1)(b) and Article 43(2) and (3) of Regulation (EC) No 40/94 and Rule 19(3) of Regulation (EC) No 2868/95, (1) since the opposition trade mark has not been used within the five years prior to publication of the trade mark applied for and there is no likelihood of confusion between the two opposing marks.


(1)  Commission Regulation (EC) No 2868/95 of 13 December 1995 implementing Council Regulation (EC) No 40/94 on the Community trade mark (OJ 1995 L 303, p. 1).
Commission Regulation (EC) No 281/2009 of 6 April 2009 suspending the application of import duties on certain quantities of industrial sugar for the 2009/2010 marketing year
Date: 2009-04-06
Institutions: European Commission
Subjects: CCT duties, import licence, import policy, sugar, sugar industry








L_2009093EN.01002001.xml










7.4.2009   


EN


Official Journal of the European Union


L 93/20








            COMMISSION REGULATION (EC) No 281/2009
of 6 April 2009
         
suspending the application of import duties on certain quantities of industrial sugar for the 2009/2010 marketing year


THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,


Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 142, in conjunction with Article 4 thereof,

Whereas:







(1)


Under Article 142 of Regulation (EC) No 1234/2007, in order to guarantee the supplies necessary for the production of the products referred to in Article 62(2) of that Regulation, the Commission may suspend, in whole or in part, the application of import duties for certain quantities of sugar.












(2)


In order to ensure that the supplies necessary for the production of the products referred to in Article 62(2) of Regulation (EC) No 1234/2007 are available at a price corresponding to the world price, a complete suspension of import duties on sugar intended for the production of those products is in the Community’s interest for the 2009/2010 marketing year, for a quantity corresponding to half of its industrial sugar needs.












(3)


The quantities of industrial import sugar for the 2009/2010 marketing year should therefore be set accordingly.












(4)


The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair,





HAS ADOPTED THIS REGULATION:



Article 1
For the 2009/2010 marketing year, the suspension of the import duties shall be applied for a quantity of 400 000 tonnes of industrial sugar falling within CN code 1701 .


Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
It shall apply from 1 October 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 6 April 2009.


For the Commission

Mariann FISCHER BOEL
            

Member of the Commission






(1)  
            OJ L 299, 16.11.2007, p. 1.
Case C-127/09: Reference for a preliminary ruling from the Oberlandesgericht Nürnberg (Germany) lodged on 6 April 2009 — Coty Prestige Lancaster Group GmbH v Simex Trading AG
Date: 2009-04-06
Institutions: Court of Justice
Subjects: EU trade mark, Germany, consumer information, cosmetic product, interpretation of the law, labelling, marketing, originating product








C_2009141EN.01003201.xml










20.6.2009   


EN


Official Journal of the European Union


C 141/32





Reference for a preliminary ruling from the Oberlandesgericht Nürnberg (Germany) lodged on 6 April 2009 — Coty Prestige Lancaster Group GmbH v Simex Trading AG
(Case C-127/09)
2009/C 141/55
Language of the case: German

Referring court

Oberlandesgericht Nürnberg

Parties to the main proceedings


Applicant: Coty Prestige Lancaster Group GmbH

Defendant: Simex Trading AG

Question referred

Are goods put on the market within the meaning of Article 13(1) of Regulation (EC) No 40/94 (1) and Article 7 of Directive 89/104/EEC (2) if ‘perfume testers’ are made available to contractually-bound intermediaries without transfer of ownership and with a prohibition on the sale thereof so that those intermediaries are able to allow potential customers to use the contents of the goods for test purposes, the goods bearing a notice stating that they may not be sold, the recall of the goods by the manufacturer/trade mark proprietor at any time remaining contractually possible and the packaging of the goods being significantly different from the goods usually put on the market by the manufacturer/trade mark proprietor in that it is plainer?


(1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark, OJ L 11, 14.1.1994, p. 1–36.

(2)  First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks, OJ L 40, 11.2.1989, p. 1–7.