Source: EURLEX
Language: en
Format: md

C 264/30 EN Official Journal of the European Union 1.11.2003

**Action brought on 4 August 2003 by Focus Magazin**
**Verlag GmbH against the Office for Harmonisation in the**
**Internal Market (Trade Marks and Designs)**

**(Case T-274/03)**

(2003/C 264/52)

_(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
4 August 2003 by Focus Magazin Verlag GmbH, Munich
(Germany), represented by U. Gürtler, lawyer. France Telecom
S.A., Paris, was also a party to the proceedings before the
Board of Appeal.

The applicant claims that the Court should:

—
annul Decision No 1956/2001 of the Opposition Division of the defendant of 2 August 2001 in opposition
proceedings B 260576;

—
annul the decision of the Fourth Board of Appeal of the
defendant of 30 April 2003 in appeal proceedings R 849/
2001-4;

— instruct the defendant to make a determination on the
merits in opposition proceedings B 260576, taking
account of the legal view of the matter formed by the
adjudicating court;

—
order the defendant to pay the costs of the proceedings.

_Pleas in law and main arguments_

Applicant for Com- France Telecom S.A.
munity trade mark:

Community trade mark Word mark ‘Focus One’ in respect
sought: of goods and services in Classes 9,
35, 38 and 42 — application
No 984 484

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

Mark or sign cited in The German mark ‘FOCUS’
opposition: (No 395 46 204) in respect of
goods and services in Classes 9,
16, 35, 36, 37, 38, 41 and 42

Decision of the Oppo- Rejection of the opposition
sition Division:

Decision of the Board of Dismissal of the applicant’sappeal
Appeal:

Pleas in law: — Submission in the opposition proceedings of
adequate evidence of the
applicant’s earlier right;

—
Infringement of the applicant’s right to a hearing;

—
Infringement of the applicant’s right of due process;

—
Infringement of Article 42 of
Regulation (EC) No 40/94( [1] )
and Rule 20(3) of Regulation
(EC) No 2868/95( [2] ).

( [1] ) Council Regulation (EC) No 40/94 of 20 December 1993 on the
Community trade mark (OJ 1994 L 11, p. 1).
( [2] ) Commission Regulation (EC) No 2868/95 of 13 December
1995 implementing Council Regulation (EC) No 40/94 on the
Community trade mark (OJ 1995 L 303, p. 1).

**Action brought on 23 July 2003 by Dionisia Elefteriadi**
**against the Commission of the European Communities**

**(Case T-277/03)**

(2003/C 264/53)

_(Language of the case: Greek)_

An action against the Commission of the European Communities was brought before the Court of First Instance of the
European Communities on 23 July 2003 by Dionisia Elefteriadi, residing in Athens, represented by Timotheos Sigalas.