Source: EURLEX
Language: en
Format: md

26.4.2003 EN Official Journal of the European Union C 101/39

Mark or sign cited in The German word/figurative
opposition: mark ‘AXON’ (No 1108589) for
goods and services in classes 10,
12, 35 and 36

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

Decision of the Board of Annulment of the decision of the
Appeal: Opposition Division and referral
of the case back to the Opposition
Division

Pleas in law: — There is no similarity
between the marks opposed,
within the meaning of
Article 8(1)(b) of Regulation
(EC) No 40/94( [1] ).

— There is no likelihood of
confusion.

( [1] ) Council Regulation (EC) No 40/94 of 20 December 1993 on the
Community trade mark (OJ 1994 L 11, p. 1).

**Action brought on 10 February 2003 by Julián Murúa**
**Entrena against the Office for Harmonisation in the**
**Internal Market (Trade Marks and Designs) (OHIM)**

**(Case T-40/03)**

(2003/C 101/71)

_(Language of the case: Spanish)_

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM) was brought before
the Court of First Instance of the European Communities on
10 February 2003 by Julián Murúa Entrena, residing in El
Ciego, Álava (Spain), represented by Ignacio TemiñoCeniceros,
lawyer.

The applicant claims that the Court should:

—
annul the contested decision refusing the Community
trade-mark application No 62.588 in Class 33;

—
order the parties to bear their own costs and half of the

common costs.

_Pleas in law and main arguments_

Applicant for Com- Applicant
munity trade mark:

Community trade mark Figurative mark ‘Julián Murúa
sought: Entrena’ — Application
No 62.588 for products in
Class 33 (wines).

Proprietor of mark or Bodegas Murúa S.A.
sign cited in the opposition proceedings:

Mark or sign cited in Spanish trade mark ‘MURUA’
opposition: and international registration
No 482.779 having effect in Germany, France, Austria, Switzerland and Benelux for products in
Class 33.

Decision of the Oppo- Opposition accepted.
sition Division:

Decision of the Board of Appeal dismissed.
Appeal:

Pleas in law: Incorrect application of
Article 8(1)(b) of Regulation (EC)
No 40/94 (likelihood of confusion).

**Action brought on 10 February 2003 by La Maison de**
**l’Europe Avignon-Méditerranée against Commission of**
**the European Communities**

**(Case T-43/03)**

(2003/C 101/72)

_(Language of the case: French)_

An action against the Commission of the European Communities was brought before the Court of First Instance of the
European Communities on 10 February 2003 by La Maison
de l’Europe Avignon-Méditerranée, established in Avignon
(France), represented by François Martineau, lawyer.

The applicant claims that the Court should:

—
order the defendant to pay EUR 100 000 to make good
the damage suffered by La Maison de l’Europe AvignonMéditerranée as a result of the disclosure of deceitful,