Source: EURLEX
Language: en
Format: md

8.3.2003 EN Official Journal of the European Union C 55/29

The applicant claims that the Court should:

—
annul the decision of the defendant of 25 September
2002 in the appeal procedure R 337/2001-1;

—
order the defendant to pay the costs.

_Pleas in law and main arguments_

Community trade mark Word mark ‘SnPUR’ — Appliapplied for: cation No 1421775

Goods or services: Goods in Class 6 (inter alia, metallic semi-finished products in the
form of sheets, trips, wires, tubes,
sections and rods)

Decision before the Refusal of registration by the
Board of Appeal: examiner

Decision of the Board of Dismissal of appeal
Appeal:

Pleas in law: — Infringement of
Article 7(1)(b) and (c) of
Regulation (EC) No 40/94
since themark is not descriptive.

**Action brought on 9 December 2002 by Wieland-Werke**
**AG against the Office for Harmonisation in the Internal**
**Market (Trade Marks and Designs)**

**(Case T-369/02)**

(2003/C 55/79)

_(Language of the case: 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
9 December 2002 by Wieland-Werke AG, Ulm (Germany),
represented by S. Gruber and F. Graf von Stosch, lawyers.

The applicant claims that the Court should:

—
annul the decision of the defendant of 25 September
2002 in the appeal procedure R 335/2001-1;

—
order the defendant to pay the costs.

_Pleas in law and main arguments_

Community trade mark Word mark ‘SnMIX’ — Appliapplied for: cation No 1422294

Goods or services: Goods in Class 6 (inter alia, metallic semi-finished products in the
form of sheets, trips, wires, tubes,
sections and rods)

Decision before the Refusal of registration by the
Board of Appeal: examiner

Decision of the Board of Dismissal of appeal
Appeal:

Pleas in law: — Infringement of
Article 7(1)(b) and (c) of
Regulation (EC) No 40/94
since the mark is not descriptive.

**Action brought on 12 December 2002 by Alpenhain-**
**Camembert-Werk Gottfried Hain GmbH & Co. KG and**
**six other undertakings against the Commission of the**
**European Communities**

**(Case T-370/02)**

(2003/C 55/80)

_(Language of the Case: German)_

An action against the Commission of the European Communities was brought before the Court of First Instance of the
European Communities on 12 December 2002 by AlpenhainCamembert-Werk Gottfried Hain GmbH & Co. KG, established
in Lehen/Pfaffing (Germany), Bayerland eG, established in
Nuremberg (Germany), Bergpracht-Milchwerk GmbH & Co,
established in Tettnang (Germany), Hochland AG, established
in Heimenkirch (Germany), Käserei Champignon Hofmeister
GmbH & Co. KG, established in Lauben (Germany), Milchwerk
Crailsheim-Dinkelsbühl eG, established in Crailsheim (Germany) and Rücker GmbH, established in Aurich (Germany),
represented by J. Salzwedel and M.J. Werner, lawyers, with an
address for service in Luxembourg.

The applicants claim that the Court should:

—
annul the inclusion, pursuant to Commission Regulation
(EC) No 1829/2002 of 14 October 2002 amending the
Annex to Regulation (EC) No 1107/96 with regard to the
name ‘Feta’, of the name ‘Feta’ (PDO) as a protected
designation of origin (PDO) in the register of protected
designations of origin;

—
order the defendant to pay the costs.