Source: EURLEX
Language: en
Format: md

C 245/30 EN Official Journal of the European Communities 1.9.2001

_Pleas in law and main arguments_ _Pleas in law and main arguments_

Applicant for the Com- Bruno Heim and Franz Gustav
By the present action the applicant, is challenging the appointmunity trade mark: Andersson
ing authority’s refusal to acknowledge the occupational origin
of a disease which, according to the applicant himself, was
The Community trade Figurative mark ‘DockerS by Gerli’
caused by having to carry and lift, as part of his duties, loads mark concerned: — Application No 22.129 for
of a certain weight.
goods in Class 25

Proprietor of the right to Levi Strauss & Co.
In support of his arguments, the applicant alleges:
the trade mark or sign
— asserted by way of oppothe allegedly incomprehensible nature of the Medical
sition in the opposition
Committee’s findings;
proceedings:

—
infringement of Article 73 of the Staff Regulations and Trade mark or sign French and Swedish figurative
Article 3(2) of the Rules on the Insurance of Officials of
asserted by way of oppo- marks ‘DOCKERS’ registered for
the European Communities against the Risk of Accident
sition in the opposition goods in Class 25
and of Occupational Disease, and failure to observe the
proceedings:
duty of care and the principle of proportionality;
Decision of the Oppo- Rejection of the application for
— breach of the procedure laid down in Article 21 of the sition Division: registration of the Community
abovementioned rules. trade mark

Decision of the Board of Dismissal of the appeal and conAppeal: firmation of the rejection of the
application for registration of the
Community trade mark

**Action brought on 3 July 2001 by Bruno Heim and Franz** Grounds of claim: — infringement of Articles 34
**Gustav Andersson against Office for the Harmonization** and 35 of Regulation
**of the Internal Market (trade marks and designs) (OHIM)** No 40/94 ( [1] );
— infringement of Article 8(2)(c)
of Regulation No 40/94 and
**(Case T-149/01)** Rule 8 of Regulation
No 2868/95 ( [2] );
(2001/C 245/48) — breach of the concept of ‘risk
of confusion’

_(Language of the case: to be determined in accordance with_
_Article 131(2) of the Rules of Procedure. Language in which the_ ( [1] ) Council Regulation (EC) No 40/94 of 20 December 1993 on the
_application was drafted: Spanish)_ Community trade mark (OJ 1993 L 11, p. 1).
( [2] ) Commission Regulation (EC) No 2868/95 of 13 December
1995 implementing Council Regulation (EC) No 40/94 on the
An action against Office for Harmonization in the Internal Community trade mark(OJ 1995 L 303, p. 1).
Market (trade marks and designs (OHIM) was brought before
the Court of First Instance of the European Communities on
3 July 2001 by Bruno Heim and Franz Gustav Andersson,
both residing in Germany, represented by Juan José Carren˜o
Moreno.
**Action brought on 2 July 2001 by Cristiano Sebastiani**
**against Commission of the European Communities**
The applicant claims that the Court should:

— **(Case T-150/01)**
annul the decision of the Third Board of Appeal of the
Office for Harmonization in the Internal Market (trade
marks and designs (OHIM)) of 4 April 2001 in the (2001/C 245/49)
proceedings in R 588/199-3 dismissing the appeal against
the decision to refuse to register the figurative mark
_(Language of the case: French)_
‘DockerS by Gerli’ as a Community trade mark for goods
in Class 25; and
An action against the Commission of the European Communi
—
order a new decision annulling the preceding decision and ties was brought before the Court of First Instance of the
granting Community trade mark registration application European Communities on 2 July 2001 by Cristiano Sebastiani,
No 22.129 ‘DockerS by Gerli’ for goods in Class 25 of residing in Brussels represented by Jean-Noël Louis and
the international classification, of which the applicants Véronique Peere, lawyers, with an address for service in
are the proprietors. Luxembourg.