Source: EURLEX
Language: en
Format: md

13.7.2002 EN Official Journal of the European Communities C 169/41

**Action brought on 2 May 2002 by Sportwetten GmbH** Decision of Board of Dismissal of applicant’s appeal
**Gera against the Office for Harmonisation in the Internal** Appeal:
**Market (Trade Marks and Designs)**
Pleas in law: — The registered trade mark
designates services prohibit**(Case T-140/02)**
ed in Germany
— The use of the trade mark
(2002/C 169/72) for the services in respect
of which it is registered is
contrary to public policy and
_(Language of the case to be determined pursuant to Article 131(2)_ accepted principles of
_of the Rules of Procedure — language in which the application was_ morality pursuant to
_submitted: German)_ Article 7(1)(f) of Regulation
(EC) No 40/94 ( [1] ).

— The Office failed to take
An action against the Office for Harmonisation in the Internal account of the requirement
Market (Trade Marks and Designs) was brought before the as to use and the significance
Court of First Instance of the European Communities on 2 May of Article 106(2) of the
2002 by Sportwetten GmbH Gera, residing in Gera (Germany), Regulation.
represented by A. Zumschlinge, lawyer.

( [1] ) Council Regulation (EC) No 40/94 of 20 December 1993 on the
Community trade mark (OJ 1994 L 11, p. 1).
Intertops Sportwetten GmbH, Salzburg (Austria), was an
additional party to the proceedings before the Board of Appeal.

The applicant claims that the Court should:

—
annul the decision of the Fourth Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade
Marks and Designs) of 21 February 2002 in appeal **Action brought on 3 May 2002 by Vetoquinol AG**
no R 0338/2000-4 and the initial decision of the Office **(formerly Chassot AG) against the Office for Harmonis-**
for Harmonisation in the Internal Market of 2 February **ation in the Internal Market**
2000, ref.: C000422014/1;

**(Case T-141/02)**

—
declare the Community trade mark with registration
no 000422014, the word and figurative mark ‘Intertops’,
void. (2002/C 169/73)

_(Language of the case: English)_

_Pleas in law and main arguments_

An action against the Office for Harmonisation in the Internal
Registered trade mark in Figurative mark ‘INTERTOPS’ for
respect of which a dec- services in Class 42 — Com- Market was brought before the Court of First Instance of the
laration of nullity is munity trade mark 422014 European Communities on 3 May 2002 by Vetoquinol AG
(formerly Chassot AG), represented by Mr Axel Kockläuner of
sought:
Meissner, Bolte & Partner, Munich (Germany).

Proprietor of the Com- Intertops Sportwetten GmbH
munity trade mark:
A further party before the Board of Appeal was VETO-Centre.

Party applying for a dec- The applicant
laration of nullity of the
The applicant claims that the Court should:
Community trade mark:

Trade mark or sign right The German word mark — annul the Decision of the First Board of Appeal of the
of applicant: ‘INTERTOPS SPORTWETTEN’ for defendant dated 15 February 2002 in case no R 218/
services in Class 42 2001 (‘the contested Decision’);

Decision of Cancellation Dismissal of application — order that the costs of the proceedings be borne by the
Division: defendant.

C 169/42 EN Official Journal of the European Communities 13.7.2002

_Pleas in law and main arguments_ The applicant claims that the Court should:

—
annul the Commission’s decision dated 22 January 2001;
Applicant for the Com- The applicant
munity trade mark: —
order the Commission to compensate the applicants for
The Community trade Verbal mark ‘BIO-CANISAN’ — their loss of earnings and other benefits caused by the
mark concerned: Application No 353 896, relating breaches of Community law;
to goods in classes 5 and 31 —
order the Commission to pay the applicants’ costs.
(veterinary preparations and foodstuffs for animals)

Proprietor of the right to VETO-Centre
_Pleas in law and main arguments_
the trade mark or sign
asserted by way of opposition in the opposition The applicants all worked in the JET Project as employees or
proceedings: contractors to UK registered companies. According to the
applicants, however, they should have been recruited by the
Trade mark or sign French trade marks No 1582968 Commission as temporary agents since they were part of the
asserted by way of oppo- ‘biocanina ’(word and device), JET Project Team.
sition in the opposition relating to goods in classes 5 and
proceedings: 31, and No 1350892 ‘BIOCANINA’), relating to goods in class 5 The applicants claim that the failure of the Commission to
recruit the applicants as temporary agents was contrary the
Decision of the Oppo- Refusal of the application JET statutes and constitutes an act ultra vires. According to the
sition Division: applicants, the JET statutes did not provide for the possibility
of engaging staff who were working in the JET Project Team
Decision of the Board of Dismissal of the appeal through external contractors.
Appeal:

Grounds of claim: Infringement of Article 43(2), Furthermore, the applicants claim that the Commission discriminated against them since this resulted in the applicants
third sentence, and Article 8(1)(b)
being treated in a less favourable manner then those employed
of Regulation (EC) No 40/94.
by the Commission who were fulfilling substantially similar
roles in the JET Project.

**Action brought on 7 May 2002 by Richard J. Eagle, John**
**G. Fanthome, Martin Gardener, Robert C. Walton, David** **Action brought on 15 May 2002 by Sunrider Corporation**
**Sands, Alexander Gaberscik, Beryl Marrs, Clifford Marren,** **against the Office for Harmonisation in the Internal**
**Robert Felton, Carol Brickley, TF Atkins, Michael George** **Market (Trade Marks and Designs)**
**Grant and Edward Junger against the Commission of the**
**European Communities**
**(Case T-156/02)**

**(Case T-144/02)** (2002/C 169/75)

(2002/C 169/74) _(Language of the case to be determined pursuant to Article 131(2)_
_of the Rules of Procedure — language in which the application was_
_submitted: German)_
_(Language of the case: English)_

An action against the Office for Harmonisation in the Internal
An action against the Commission of the European Communi- Market (Trade Marks and Designs) was brought before the
ties was brought before the Court of First Instance of the Court of First Instance of the European Communities on
European Communities on 7 May 2002 by Richard J. Eagle, 15 May 2002 by Sunrider Corporation, Torrance (USA),
John G. Fanthome, Martin Gardener, Robert C. Walton, David represented by A. Kockläuner, lawyer.
Sands, Alexander Gaberscik, Beryl Marrs, Clifford Marren,
Robert Felton, Carol Brickley, TF Atkins, Michael George Grant
and Edward Junger, represented by Mr Daniel Beard of Frieslands Brands B.V., Leeuwarden (the Netherlands) was an
Monckton Chambers, London (United Kingdom). additional party to the proceedings before the Board of Appeal.