Source: EURLEX
Language: en
Format: md

1.11.2003 EN Official Journal of the European Union C 264/37

_Pleas in law and main arguments_

Community trade mark The word mark ‘map&guide’ —
sought: application No 2089829

Goods or services: Goods and services in Classes 9,
41 and 42 (computer software,
conducting training events for
computer software and computer
programming)

Decision contested Refusalby the examiner to register
before the Board of the mark in respect of ‘computer
Appeal: software’ and‘computer programming’

Decision of the Board of Dismissal of the appeal
Appeal:

Pleas in law: Infringement of Article 7(1)(b) of
Regulation (EC) No 40/94

**Action brought on 8 September 2003 by Bayer AG**
**against the Office for Harmonisation in the Internal**
**Market (Trade Marks and Designs) (OHIM)**

**(Case T-304/03)**

(2003/C 264/65)

_(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)_

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
8 September 2003 by Bayer AG, Leverkusen (Germany),
represented by M. Wolpert, lawyer. Sanofi-Synthelabo (Société
Anonyme), Paris, was also a party to the proceedings before
the Board of Appeal.

The applicant claims that the Court should:

—
amend the decision of 4 June 2003 of the Fourth Board
of Appeal of the Office for Harmonisation in the Internal
Market (Case R 452/2002-4) and reject the opposition;

—
order the defendant to pay the costs of the proceedings.

_Pleas in law and main arguments_

Applicant for Com- The applicant in this casey
munity trade mark:

Community trade mark The word mark ‘NEXAVAR’ for
sought: goods in Class 5 (pharmaceutical
and veterinary preparations, diagnostic preparations for medicinal

—
purposes) Application
No 1534213

Proprietor of mark or Sanofi-Synthelabo (Société
sign cited in the oppo- Anonyme)
sition proceedings:

Mark or sign cited in The national word mark ‘BESAopposition: VAR’ for goods in Class 5 (pharmaceutical preparations)

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 refusal
of the application

Pleas in law: There is no similarity between
the marks which could lead to
confusion

**Action brought on 4 September 2003 by WHG Westdeut-**
**sche Handelsgesellschaft mbH against the Office for**
**Harmonisation in the Internal Market (Trade marks and**
**Designs) (OHIM)**

**(Case T-307/03)**

(2003/C 264/66)

_(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)_

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
4 September 2003 by WHG Westdeutsche Handelsgesellschaft
mbH, represented by U. Schuster, lawyer. Kaufring AG,
Düsseldorf (Germany) was also a party to the proceedings
before the Board of Appeal.