Source: EURLEX
Language: en
Format: md

1.11.2003 EN Official Journal of the European Union C 264/27

**COURT OF FIRST INSTANCE**

**Action brought on 27 June 2003 by Guardant, Inc. against**
**the Office for Harmonisation in the Internal Market**

**(Case T-243/03)**

(2003/C 264/48)

_(Language of the case: English)_

An action against the Office for Harmonisation in the Internal
Market was brought before the Court of First Instance of the
European Communities on 27 June 2003 by Guardant, Inc.,
Atlanta (USA), represented by G. Farrington, Solicitor.

The applicant claims that the Court should:

— annul the decision of the Defendant’s Second Board of
Appeal of 28 April 2003;

—
order the Defendant to remit the application to its
Examination Division for re-examination of Community
Trade Mark number 1713213;

—
order the Defendant to pay the costs.

_Pleas in law and main arguments_

The trade mark con- The word mark ‘PENSAMOS MÁS
cerned: EN USTED’ — application
No 1713213

Goods or service con- Services in Class 39 (transporcerned: tation, storage and travel services;
transportation of passengers and
cargo, frequent flyer bonus programs)

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

Decision of the Board of Dismissal of the appeal
Appeal:

Grounds of claim: — The mark applied for is not
devoid of any distinctive
character within the meaning of Article 7(1)(b) of
Regulation (EC) No 40/
94 ( [1] ).

—
The mark applied for is not
the normal means of
designating services in the
field of transportation, storage and travel.

( [1] ) Council Regulation (EC) No 40/94 of 20.12.1993 on the Community trade mark (OJ L 11, p. 1).

**Action brought on 21 July 2003 by ‘Z’ against the**
**Commission of the European Communities**

**(Case T-259/03)**

(2003/C 264/49)

_(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 21 July 2003 by ‘Z’, resident in
Athens, Greece, represented by Vasilios Christianos, lawyer,
with an address for service in Luxembourg.

The applicant claims that the Court should:

—
order the defendant to pay to her by way of damages,
with interest from the time at which the damage or
harm arose, the sum of EUR 900 000, comprising
EUR 700 000 for non-material damage which she has
suffered and EUR 200 000 for harm suffered to her
health;

—
order the defendant to pay the applicant’s costs.