Source: EURLEX
Language: en
Format: md

C 55/38 EN Official Journal of the European Union 8.3.2003

**Action brought on 7 January 2003 by Everlast World’s**
**Boxing Headquarters Corporation against the Office for**
**Harmonisation in the Internal Market (Trade Marks and**
**Designs)**

**(Case T-3/03)**

(2003/C 55/92)

_(Language of the case: 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
7 January 2003 by Everlast World’s Boxing Headquarters
Corporation, New York, represented by A. Barth, Rechtsanwältin.

The applicant claims that the Court should:

—
set aside paragraphs 2 and 3 of the operative part of
Decision R 391/2001-1 of the First Board of Appeal of
the Office for Harmonisation in the Internal Market of
30 October 2002;

—
order the Office to pay the costs.

_Pleas in law and main arguments_

Trade mark for which The word mark ‘Choice of Cham
—
Community registration pions’ Application
sought: No 1508498

Goods or services: Goods of Classes 18, 25 and 28

Decision challenged Refusal of registration by the
before the Board of examiner
Appeal:

Decision of the Board of Annulment of the examiner’s
Appeal: decision in respect of ‘Leather and
imitations of leather and goods
made from these materials’ so far
as contained in Class 18; ‘animal
skins and hides’, ‘trunks and travelling bags; umbrellas, parasols
and walking sticks’ and ‘Playthings; decorations for Christmas
trees’. Dismissal of the complaint
in respect of ‘whips, harness and
saddlery’, ‘Clothing, footwear,
headgear’ and ‘Games; gymnastic
and sporting articles’ so far as
contained in Class 28, and dismissal of the application for distinctive force as a result of use in
respect of those goods.

Pleas in law: — There are no absolute
grounds for refusal to register the mark within the
meaning of Article 7(1)(c)
and (b) of Regulation (EC)
No 40/94( [1] ).

— The trade mark has become
distinctive in relation to the
goods or services for which
registration is requested in
consequence of the use
which has been made of it,
in accordance with
Article 7(3) of Regulation
(EC) No 40/94.

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

**Action brought on 8 January 2003 by Giorgio Lebedef**
**against the Commission of the European Communities**

**(Case T-4/03)**

(2003/C 55/93)

_(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 8January 2003 by Giorgio Lebedef,
residing in Senningerberg (Luxembourg), represented by
G. Bounéou, avocat, with an address for service inLuxembourg

The applicant claims that the Court should:

—
annul the decision of Appointing Authority of the
Commission of the European Communitiesof 21 December 2001 not to include the applicant’s name in the list
of most deserving officials and not to promote him to
grade B1 in the promotion exercise for 2001 (decision
adopted following reconsideration of the applicant’s file
during the 2001 promotion exercise);