Source: EURLEX
Language: en
Format: md

13.12.2003 EN Official Journal of the European Union C 304/25

**JUDGMENT OF THE COURT OF FIRST INSTANCE**

**of 14 October 2003**

**in Case T-292/01: Phillips-Van Heusen Corp. v Office for**
**Harmonisation in the Internal Market (Trade Marks and**
**Designs) (OHIM)** ( [1] )

_**(Community trade mark — Regulations (EC) No 40/94 and**_
_**No 2868/95 — Opposition — Likelihood of confusion —**_
_**Alteration of a decision of the Board of Appeal — Appli-**_
_**cation for registration of Community word mark BASS —**_
_**Earlier word mark PASH)**_

(2003/C 304/44)

_(Language of the case: English)_

In Case T-292/01, Phillips-Van Heusen Corp., established in
New York (United States of America), represented by F. Jacobacci, lawyer, v Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM) (Agents: E. Joly and
S. Laitinen), the intervener before the Court being Pash
Textilvertrieb und Einzelhandel GmbH, established in Munich
(Germany), represented by W. Städtler, lawyer: Action brought
against the decision of the Third Board of Appeal of the Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) of 12 September 2001 (Case R-740/2000-3) relating
to opposition proceedings between Pash Textilvertrieb und
Einzelhandel GmbH and Phillips-Van Heusen Corporation, the
Court of First Instance (Second Chamber), composed of:
N.J. Forwood, President, J. Pirrung and A.W.H. Meij, Judges;
J. Palacio González, Principal Administrator, for the Registrar,
has given a judgment on 14 October 2003, in which it:

1. _Declares that it is unnecessary to rule on the action in so far as_
_it is directed against the rejection in the contested decision of_
_the application for registration of the trade mark in respect of_
_goods other than ‘clothing’;_

2. _Alters the decision of the Third Board of Appeal of the Office_
_for Harmonisation in the Internal Market (Trade Marks and_
_Designs) of 12 September 2001 (Case R-740/2000-3), as_
_rectified by the decision of 18 February 2002, so that the_
_intervener’s appeal before the Office is dismissed;_

3. _Declares that it is unnecessary to rule on the application to_
_reject definitively and in its entirety the opposition to registration_
_of the trade mark applied for in respect of goods falling within_
_Class 25;_

4. _Orders the Office to pay, in addition to its own costs, one third_
_of the costs incurred by the applicant;_

5. _Orders the intervener to pay, in addition to its own costs, two_
_thirds of the costs incurred by the applicant._

( [1] ) OJ C 44 of 16.2.2002.

**JUDGMENT OF THE COURT OF FIRST INSTANCE**

**of 15 October 2003**

**in Case T-295/01: Nordmilch eG v Office for Harmonis-**
**ation in the Internal Market (Trade Marks and Designs)**
**(OHIM)** ( [1] )

_**(Community trade mark — Regulation (EC) No 40/94**_
_**— OLDENBURGER — Absolute ground for refusal —**_
_**Descriptive**_ _**character**_ _**—**_ _**Geographical**_ _**origin**_ _**—**_
_**Articles 7(1)(c) and 7(2) — Limitation of the right conferred**_
_**— Article 12(b) — Statement as to the scope of protection**_
_**— Article 38(2))**_

(2003/C 304/45)

_(Language of the case: German.)_

In Case T-295/01, Nordmilch eG, established in Zeven (Germany), represented by C. Spintig, lawyer, v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(OHIM) (Agents: A. von Mühlendahl and G. Schneider): Action
brought against the decision of the Third Board of Appeal of
the Office for Harmonisation in the Internal Market (Trade
Marks and Designs) of 19 September 2001 (Case R 826/20003), concerning the application for registration of the word
OLDENBURGER, the Court of First Instance (Fourth Chamber),
composed of: V. Tiili, President, P. Mengozzi and M. Vilaras,
Judges; D. Christensen, Administrator, for the Registrar, has
given a judgment on 15 October 2003, in which it:

1. _Dismisses the application;_

2. _Orders the applicant to pay the costs._

( [1] ) OJ C 44 of 16.2.2002.