Source: EURLEX
Language: en
Format: md

C 109/52 EN Official Journal of the European Communities 4.5.2002

**Action brought on 30 January 2002 by Interquell GmbH** Grounds of claim: — incorrect application of
**against the Office for Harmonisation in the Internal** Article 8(1)(b) of Regulation
**Market (Trade Marks and Designs)** (EC) No 40/94 ( [1] );

—
infringement of Regulation
**(Case T-20/02)** (EC) No 40/94 on account
of failure to comply with
Article 12 thereof.
(2002/C 109/100)

( [1] ) Council Regulation (EC) No 40/94 of 20 December 1993 on the
_(Language of the case: to be determined pursuant to Article 131(2)_ Community trade mark (OJ 1994 L 11, p. 1).
_of the Rules of Procedure — Language in which the application has_
_been drafted: 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 **Action brought on 7 February 2002 by Sumitomo Chemi-**
30 January 2002 by Interquell GmbH, of Wehringen (Germ- **cal Co., Ltd against the Commission of the European**
any), represented by G.J. Hodapp, lawyer. A further party to **Communities**
the proceedings before the Board of Appeal was SCA Nutrition
Ltd, of Lichfield (United Kingdom).
**(Case T-22/02)**

The applicant claims that the Court should: (2002/C 109/101)

—
annul Decision R 264/2002-2 adopted on 27 November _(Language of the case: English)_
2001 by the Second Board of Appeal of the Office for
Harmonisation in the Internal Market;

— order the Office to pay the costs. An action against the Commission of the European Communities was brought before the Court of First Instance of the
European Communities on 7 February 2002 by Sumitomo
Chemical Co., Ltd, represented by Mr Martin Klusmann
and Ms Vanessa Turner of Freshfields Bruckhaus Deringer,
_Pleas in law and main arguments_ Düsseldorf (Germany).

Applicant for the Com- the applicant
The applicant claims that the Court should:
munity trade mark:

—
annul the defendant’s Decision C(2001)3695-final of
The Community trade the pictorial mark ‘HAPPY DOG’
21 November 2001 in Case No. COMP/E-1/37.512 —
mark applied for: for goods in Class 31 (feedingVitamins as far as Sumitomo Chemical Company is
stuffs for dogs) — application concerned
No 290577

—
order the defendant to pay the costs.
Proprietor of the trade- SCA Nutrition Ltd
mark right opposed in
the opposition proceedings:
_Pleas in law and main arguments_

Trade-mark right the United Kingdom verbal and
opposed: pictorial marks ‘HAPPIDOG’ for The contested Decision in the present case is the same as in
goods in Class 31 (feedingstuffs case T-15/02 BASF/Commission( [1] ).
for dogs)

Decision of the Oppo- rejection of the trade mark In support of its conclusions, the applicant submits that:
sition Division: application

—
The Commission was time-barred from taking the prohibDecision of the Board of rejection of the applicant’s appeal ition Decision. Contrary to the defendant’s view that the
Appeal: rules on limitation periods have no bearing on the