Source: EURLEX
Language: en
Format: md

C 289/28 EN Official Journal of the European Union 29.11.2003

The applicant claims that the Court should:

— annul the Decision of the defendant’s Second Board of
Appeal of 11 July 2003 in Case R 266/2002-1 in its
entirety;

—
order the defendant to pay the costs.

_Pleas in law and main arguments_

Community trade mark Word mark ‘Rockbass’ — Appliapplied for: cation No 2401123

Goods or services: Goods in Classes 9, 15 and 18
( _inter alia_, technical sound equipment, musical instruments and
containers)

Decision appealed to the Examiner’s refusal to register
Board of Appeal:

Decision of the Board of Dismissal of the appeal
Appeal:

Pleas in law: — infringement of
Article 7(1)(b) and (c) of
Regulation (EC) No 40/94;

—
infringement of the principle
of examination of the facts
by the Office of its own
motion pursuant to
Article 74(1)(1) of Regulation (EC) No 40/94;

— infringement of essential
procedural requirements.

**Action brought on 12 September 2003 by Münchener**
**Rückversicherungs-Gesellschaft** **Aktiengesellschaft**
**against the Office for Harmonisation in the Internal**
**Market (Trade marks and Designs) (OHIM)**

**(Case T-316/03)**

(2003/C 289/59)

_(Language of the case: German)_

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 12 September 2003 by Münchener RückversicherungsGesellschaft Aktiengesellschaft, represented by G. Würtenberger and R. Kunze, lawyers.

The applicant claims that the Court should:

—
annul the Decision of the Fourth Board of Appeal of
26 June 2003 in Case R 337/2002-4 relating to Community trade mark application 1 708 973 ‘MunichFinancialServices’ (word mark);

—
order the defendant to pay the costs.

_Pleas in law and main arguments_

Community trade mark Word mark ‘MunichFinancialsought: Services’ — Application
No 1 708 973

Goods or services: Services in Classes 36 (financial
services)

Decision appealed to the Examiner’s refusal to register
Board of Appeal:

Decision of the Board of Dismissal of appeal
Appeal:

Pleas in law: Infringement of Article 7(1)(c) of
Regulation (EC) No 40/94

**Action brought on 23 September 2003 by E-Sim Limited**
**against the Office for Harmonisation in the Internal**
**Market (Trade Marks and Designs)**

**(Case T-325/03)**

(2003/C 289/60)

_(Language of the case to be determined pursuant to Article 131(2)_
_of the Rules of Procedure — 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
23 September 2003 by E-Sim Limited, represented by Dr
Andreas Ebert-Weidenfeller. Druckhaus Remstal-Bote GmbH,
Waiblingen (Germany) was also a party to the proceedings
before the Board of Appeal.

29.11.2003 EN Official Journal of the European Union C 289/29

The applicant claims that the Court should:

—
annul the decision of the Fourth Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade
Marks and Designs) of 18 June 2003 in Case R 281/
2002-4;

—
in the alternative, in the event that the other party to
the proceedings withdraws the opposition during the
proceedings, declare the opposition procedure to be at an
end;

—
further in the alternative, refer the case back to the
defendant with the proviso that the opposition procedure
be declared at an end in the light of the withdrawal of the
opposition;

—
order the defendant to pay the costs.

_Pleas in law and main arguments_

Applicant for Com- the applicant
munity trade mark:

Community trade mark Word mark ‘E-SIM’ for goods and
sought: services in Classes 9 and 42
(including computer software for
use in the design, development,
prototyping, promotion and support of a wide variety of products,
systems, and devices and services
relating to the provision of webbased electronic commerce) —
application no 1 387 661

Proprietor of mark or Druckhaus Remstal-Bote GmbH
sign cited in the opposition proceedings:

Mark or sign cited in German word mark ‘ASIM’ for
opposition: goods and services in Classes 9,
35, 41 and 42 (including data
processing programmes and
economic and technical advice
and training)

Decision of the Oppo- Refusal of the application
sition division:

Decision of the Board of Dismissal of the applicant’sappeal
Appeal:

Pleas in law: — there is no likelihood of confusion between the marks
within the meaning of
Article 8(1)(b) of Regulation
No 40/94;

— the marks are not similar.

**Action brought on 22 September 2003 by Hippocrate**
**Vounakis against the Commission of the European Com-**
**munities**

**(Case T-326/03)**

(2003/C 289/61)

_(Language of the case: French)_

An action against the Commission of the European Communities was brought before the Court of First Instance of the
European Communities on 22 September 2003 by Hippocrate
Vounakis, residing in Wezembeek-Oppem (Belgium), represented by S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal,
avocats, with an address for service in Luxembourg.

The applicant claims that the Court should:

— annul the Commission’s decision not to include his
name on the list of promoted officials published in
Administrative Notices (AN) No 2002-69 of 14 August
2002;

—
order the Commission to pay the costs.

_Pleas in law and main arguments_

The applicant alleges infringement of Article 45 of the Staff
Regulations, and manifest error of assessment.