Source: EURLEX
Language: en
Format: md

C 245/24 EN Official Journal of the European Communities 1.9.2001

**Action brought on 7 June 2001 by DaimlerChrysler** **Action brought on 11 June 2001 by José Alejandro S.L.**
**Corporation against the Office for Harmonisation in the** **against Office for the Harmonization of the Internal**
**Internal Market** **Market (trade marks and designs) (OHIM)**

**(Case T-129/01)**
**(Case T-128/01)**

(2001/C 245/39)
(2001/C 245/38)

_(Language of the case: Spanish)_

_(Language of the case: English)_
An action against Office for Harmonization in the Internal
Market (trade marks and designs (OHIM) was brought before
An action against the Office for Harmonisation in the Internal the Court of First Instance of the European Communities on
Market was brought before the Court of First Instance of the 11 June 2001 by José Alejandro S.L., whose registered office is
European Communities on 7 June 2001 by DaimlerChrysler at Elche (Spain), represented by Ignacio Temin˜o Ceniceros.
Corporation, having its registered office in Michigan (USA),
represented by T. Cohen Jehoram of De Brauw Blackstone
The applicant claims that the Court should:
Westbroek, The Hague (Netherlands).

—
uphold the present application and alter the contested
decision of 20 March 2001 of the First Board of Appeal
The applicant claims that the Court should: (R 230/2001-1) dismissing the appeal against the decision
to accept the opposition submitted by Anheuser-Bush,

—
annul the decision of the Board of Appeal in so far as it Inc. against the application to register ‘Budmen’ as a
finds that the mark does not satisfy the conditions as laid Community trade mark (Application No 30.221) submitdown in article 7(1)b and /or Article 7(3) of Regulation ted by José Alejandro S.L. for goods in Class 25, and
n [o] 40/94( [1] ); grant registration of Community trade mark application
No 30221 in Class 25 as applied for;

—
order the OHMI to accord a date of registration in respect —
in the alternative, uphold the present application and
of the application for a Community trade mark; and alter the content of the contested administrative act, and
grant registration of Community trade mark application

—
order the OHMI to compensate DaimlerChrysler for the No 30221 in Class 25 only in respect of footwear.
costs of these proceedings.

—
so far as concerns costs, order the parties to bear their
own costs and each pay half of the common costs.

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

Applicant for the Com- DaimlerChrysler Corporation
Applicant for the Com- José Alejandro S.L.
munity trade mark:
munity trade mark:

The Community trade Figurative trademark (grille The Community trade Word mark ‘BUDMEN’ — Applimark concerned: design) — Application n [o] 525048 mark concerned: cation No 30.221 for certain
for goods in class 12 goods in Classes 10, 16 and 25

Decision of the Exam- Rejection of the application Proprietor of the right to The opponent
iner: the trade mark or sign
asserted by way of oppoDecision of the Board of Rejection of the appeal sition in the opposition
proceedings:
Appeal:

Trade mark or sign Word mark ‘BUD’ registered in
Grounds of claim: Incorrect interpretation of
asserted by way of oppo- Denmark, United Kingdom and
Articles 7(1)b and 7(3) of Council
sition in the opposition Ireland for goods in Classes 16
Regulation n [o] 40/94. proceedings: and 25

Decision of the Oppo- Acceptance of the opposition
( [1] ) Council Regulation (EC) No 40/94 of 20 December 1993 on the sition Division: with respect to the goods in
Community trade mark (OJ 11, p. 1). Class 25

Decision of the Board of Dismissal of the appeal
Appeal:

1.9.2001 EN Official Journal of the European Communities C 245/25

Grounds of claim: No risk of confusion within the Grounds of claim: Incorrect interpretation of
meaning of Article 8(1)(b) of article 7 (1) b) of Council ReguCouncil Regulation (EC) No 40/94 lation 40/94 ( [1] ).
of 20 December 1993 on the
Community trade mark, since
there is neither a visual nor pho- ( [1] ) Council Regulation (EC) No 40/94 of 20 December 1993 on the
netic similarity between the trade Community trade mark (OJ L 11, p. 1).
marks nor do they desgignate
goods which may be confused

**Action brought on 18 June 2001 by Hans Fuchs Ver-**
**sandschlachterei KG against the Commission of the Euro-**
**pean Communities**
**Action brought on 11 June 2001 by Sykes Enterprises**
**Incorp. against the Office for Harmonisation in the**
**Internal Market** **(Case T-134/01)**

(2001/C 245/41)
**(Case T-130/01)**

(2001/C 245/40)
_(Language of the case: German)_

_(Language of the case: English)_
An action against the Commission of the European Communities was brought before the Court of First Instance of the
European Communities on 18 June 2001 by Hans Fuchs
An action against the Office for Harmonisation in the Internal
Versandschlachterei KG, Duisburg (Germany), represented by
Market was brought before the Court of First Instance of the
Ulrich Schrömbergs and Lothar Harings, Rechtsanwälte.
European Communities on 11 June 2001 by Sykes Enterprises
Incorp., Florida, USA, represented by Eberhard Körner of
Lichtenstein Körner & Partners, Stuttgard, Germany.
The applicant claims that the Court should:

The applicant claims that the Court should: — order the Commission to pay the applicant
DEM 13 130,04 plus interest at 8 % per annum as from
— annul the contested decision of 7 March 2001 in Case 1 March 2000;
No. R 0504/2000-3; —
in the alternative, order the Bundesanstalt für Landwirt— schaft und Ernährung to pay the applicant
order the Office to publish the trademark application
DEM 13 130,04 plus interest at 8 % per annum as from
concerned;
1 March 2000;

— order the Office to pay the costs. — order the Commission to pay the costs.

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

Applicant for the Com- Sykes Enterprises Inc.
In connection with a programme to supply agricultural
munity trade mark:
products to the Russian Federation( [1] ), two tendering procedures took place: one for procuring the products and the
The Community trademark concerned: Word mark: ‘Real people, realsolutions’ — Application other for their delivery to Russia. Commission Regulation(EC) No 1135/1999( [2] ) was to constitute the basis for the
n [o] 1040534 for certain services procurement of the products. Transport was dealt with by
in classes 35, 37 and 42
Commission Regulation (EC) No 1955/1999( [3] ).

Decision of the Exam- Rejection of the Application
iner: The applicant submitted a tender for the procurement of pork
for subsequent delivery to Russia and obtained the contract
Decision of the Board of Rejection of the Appeal for the procurement of one lot. A third party obtained the
Appeal: contract for delivery.