Source: EURLEX
Language: en
Format: md

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| 10.7.2004 | EN | Official Journal of the European Union | C 179/14 |

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Action brought on 12 May 2004 by Calliope S.A. against the Office for Harmonisation in the Internal Market

(Case T-169/04)

(2004/C 179/28)

Language of the case: French

An action against the Office for Harmonisation in the Internal Market was brought before the Court of First Instance of the European Communities on 12 May 2004 by Calliope S.A., established in Mourenx (France), represented by Stéphanie Legrand, lawyer.

BASF AG was also a party to the proceedings before the Board of Appeal.

The applicant claims that the Court should:

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| — | annul the decision of the First Board of Appeal of the OHIM of 4 March 2004 dismissing appeal No R 289/2003-1; |

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| — | order the OHIM to register the application for Community trade mark ‘CARPOVIRUSINE’ No 1 422 641 for the goods referred to in the application; |

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| — | order the OHIM to pay the costs. |

Pleas in law and main arguments:

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| Applicant for Community trade mark: | Applicant |
| Community trade mark sought: | Word mark ‘CARPOVIRUSINE’ – application No 1 422 641 in respect of goods in Class 5 (insecticides etc.) |
| Proprietor of mark or sign cited in the opposition proceedings: | BASF AG |
| Mark or sign cited in opposition: | National and international word mark ‘CARPO’ for goods in Class 5 |
| Decision of the Opposition Division: | Registration refused |
| Decision of the Board of Appeal: | Appeal dismissed |
| Pleas in law: | Wrongful application of Article 8(1)(b) of Regulation (EC) No 40/94 1 |

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