Source: EURLEX
Language: en
Format: md

5.7.2003 EN Official Journal of the European Union C 158/23

**Action brought on 17 April 2003 by Alcon Inc. against**
**the Office for Harmonisation in the Internal Market**

**(Case T-130/03)**

(2003/C 158/42)

_(Language of the case to be determined pursuant to Article 131(2)_
_of the Rules of Procedure — language in which the application was_
_submitted: English)_

An action against the Office for Harmonisation in the Internal
Market was brought before the Court of First Instance of the
European Communities on 17 April 2003 by Alcon Inc.,
Hünenberg, Switzerland, represented by Mr G. Breen, Solicitor,
with an address for service in Luxembourg. A further party to
the proceedings before the Board of Appeal was Biofarma
(plc).

The applicant claims that the Court should:

— annul the contested decision

—
order OHIM to pay the costs

_Pleas in law and main arguments_

Applicant for Com- The Applicant
munity trade mark:

Community trade mark Word mark ‘TRAVATAN’ —
sought: Application No 847590, for
products in class 5 (ophthalmic
pharamaceutical poducts)

Proprietor of mark or BIOFARMA PLC
sign cited in the opposition proceedings:

Mark or sign cited in Italian word mark ‘TRIVASTAN’
opposition: for class 5 products.

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

Decision of the Board of Refusal of the appeal.
Appeal:

**Action brought on 17 April 2003 by Gerolsteiner Brun-**
**nen GmbH & Co. against the Office for Harmonisation in**
**the Internal Market**

**(Case T-131/03)**

(2003/C 158/43)

_(Language of the case to be determined pursuant to Article 131(2)_
_of the Rules of Procedure — language in which the application was_
_submitted: English)_

An action against the Office for Harmonisation in the Internal
Market was brought before the Court of First Instance of the
European Communities on 17 April 2003 by Gerolsteiner
Brunnen GmbH & Co., Gerolstein, Germanty, represented by
Dr A. Ebert-Weidenfeller, lawyer. A further party to the
proceedings before the Board of Appeal was Kerry Group p.l.c.

The applicant claims that the Court should:

—
annul the decision of the First Board of Appeal of the
Office for Harmonization in the International Market
(Trade Marks and Designs) of February 13, 2003 (case
R275/2002-1) and to order costs against the OHIM

_Pleas in law and main arguments_

Applicant for Com- Kerry Group PLC.
munity trade mark:

Community trade mark Figurative mark ‘KERRY Spring’
sought: — Application No 0000443135,
for products in class 32 (spring,
mineral and aerated waters and
other non-alcoholic drinks, fruit
drinks and fruits juices, fruit flavored spring and mineral waters).

Proprietor of mark or The applicant.
sign cited in the opposition proceedings:

Mark or sign cited in German trademark registration
opposition: No 1100746 for the word ‘GERRI’., for products in class 5 and 32.