Source: EURLEX
Language: en
Format: md

C 21/44 EN Official Journal of the European Union 24.1.2004

Finally, the applicant submits that in calculating the
countervailing duty, the defendant infringed Articles 5 and 7
of Regulation 2026/97, the Guidelines on the calculation of
the amount of the subsidy in countervailing duty proceedings,
Articles 14 and 19 of the WTO Agreement on Subsidies and
Countervailing Measures, and committed a manifest error of
assessment.

( [1] ) OJ L 212 of 22 August 2003, p. 1.
( [2] ) Council Regulation (EC) No 2026/97 of 6 October 1997 on
protection against subsidized imports from countries not members of the European Community (OJ L 288, p. 1).
( [3] ) See recital 48 and following of the contested decision.

**Action brought on 17 November 2003 by Reti Televisive**
**Italiane — RTI against the Office for Harmonisation in**
**the Internal Market (Trade Marks and Designs) (OHIM)**

**(Case T-384/03)**

(2004/C 21/88)

_(Language of the case: Italian)_

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
17 November 2003 by Reti Televisive Italiane — RTI, represented by Giorgio Floridia and Raffaella Floridia, lawyers.

Microarea SpA was also a party to the proceedings before the
Board of Appeal.

The applicant claims that the Court should:

—
annul the decision of 11 September 2003 of the First
Board of Appeal; or

—
in the alternative, interpret the decision of the Opposition
Division No 2637/2002 of 30 August 2002 on Opposition No B321994 to the effect that it does not preclude
the valid registration of the trade mark ‘Jumpy’ to
distinguish it from the similarly-named Internet portal;

—
make an order pursuant to Article 87(2) of the Rules of
Procedure requiring the defendant, as the unsuccessful
party, to pay the costs.

_Pleas in law and main arguments_

Applicant for regis- Europortal Italia SpA, succeeded
tration of the Com- by the applicant.
munity trade mark:

Community trade mark Word mark ‘Jumpy’ — regissought: tration application No 1.332.006,
registration sought in respect of a
number of goods in Classes 9 and
16.

Proprietor of mark or Microarea SpA.
sign cited in the opposition proceedings:

Mark or sign cited in Italian word mark ‘Jump’ for
opposition: goods in Classes 9 and 16.

Decision of the Oppo- Opposition upheld and applisition Division: cation rejected.

Decision of the Board of Appeal dismissed.
Appeal:

Pleas in law: Misapplication of Article 8(1)(b)
of Regulation No 40/94 (‘likelihood of confusion’).

**Action brought on 25 November 2003 by Proteome, Inc**
**against the Office for Harmonisation in the Internal**
**Market (Trade Marks and Designs) (OHIM)**

**(Case T-387/03)**

(2004/C 21/89)

_(Language of the case: English)_

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
25 November 2003 by Proteome, Inc., Beverley, Massachusetts, USA, represented by Dr Michael Edenborough, Barrister,
Mr Cerryg Jones, Ms Alexandra Brodie and Ms Carina Loweth
Solicitors.

24.1.2004 EN Official Journal of the European Union C 21/45

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
(Trademarks and Designs) No $ 0707/2002-4;

— Annul the decision of the Examination Division dated the
21st June 2002

—
Remit Community trade mark application No 1 544 766
to the Office so as to allow the said application to proceed
to advertisement

—
order the Office to pay the applicant’s costs incurred by
the applicant in connection with this appeal and the
appeal before the Board of Appeal and the prosecution
before the Examination Division.

_Pleas in law and main arguments_

Applicant for Com- Proteome, Inc.
munity trade mark:

Community trade mark Word mark ‘BIOKNOWLEDGE’
sought: for certain goods and services
in Classes 9 (databases etc.), 16
(printed material etc concerning
repositories of information relating to organisms) and 42 (information and computer services
etc.) (application No 1544766).

Decision of the Examin- Registration refused.
ation Division:

Decision of the Board of Appeal rejected.
Appeal:

Pleas in law: Misapplication of Article 7(1) (b)
and (c) of Regulation 40/94 ( [1] ).

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

**Action brought on 24 November 2003 by Dainichiseika**
**Colour & Chemicals Mfg. Co. Ltd. against the Office for**
**Harmonisation in the Internal Market (Trade Marks and**
**Designs)**

**(Case T-389/03)**

(2004/C 21/90)

_(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
24 November 2003 by Dainichiseika Colour & Chemicals Mfg.
Co. Ltd., Tokyo (Japan), represented by J. Hofmann, lawyer.
Pelikan Vertriebsgesellschaft mbH & Co. KG was also a party
to the proceedings before the Board of Appeal.

The applicant claims that the Court should:

—
annul the decision of the Second Board of Appeal of
18 September 2003 (Case R 191/2002-2);

—
reject the opposition in its entirety;

—
hold that the sign sought in Community trade mark
application No 1 005 826 may be registered as a
Community trade mark in respect of all the goods in
Classes 1, 2 and 17 claimed in that application of
25 November 1998;

—
order the opponent to pay all the costs incurred by the
applicant in the opposition and appeal proceedings;

—
order the opponent to pay the costs of the present
proceedings.

_Pleas in law and main arguments_

Applicant for Com- The applicant.
munity trade mark:

Community trade mark Figurative mark for goods in
sought: Classes 1 (chemicals etc.), 2 (dyestuffs etc.) and 17 (plastics etc.) —
Application No 1 005 826.

Proprietor of mark or Pelikan Vertriebsgesellschaft mbH
sign cited in the oppo- & Co. KG.
sition proceedings:

Mark or sign cited in Community and national trade
opposition: mark ‘Pelikan’.

Decision of the Oppo- Refusal of the application.
sition Division:

Decision of the Board of Dismissal of the applicant’s
Appeal: appeal.

Pleas in law: Infringement of Article 8(1)(b) of
Regulation No 40/94 ( [1] ).

( [1] ) Council Regulation (EC) No 40/94 of 20 December 1993 on the
Community trade mark (OJ 1994 L 11, p. 1).