Source: EURLEX
Language: en
Format: md

C 171/36 EN Official Journal of the European Union 19.7.2003

**Action brought on 18 April 2003 by Inex N.V. against the**
**Office for Harmonisation in the Internal Market**

**(Case T-153/03)**

(2003/C 171/60)

_(Language of the case: French)_

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
18 April 2003 by Inex N.V., represented by Thierry van Innis,
lawyer.

Robert Wiseman & Sons Limited, Glasgow (United Kingdom)
was also a party to the proceedings before the Second Board
of Appeal.

The applicant claims that the Court should:

—
annul the decision handed down by the Second Board of
Appeal of the defendant on 4 February 2003 in Case R
106/2001-2;

—
order the defendant to pay the costs.

_Pleas in law and main arguments_

Applicant for Com- Robert Wiseman & Sons Limited,
munity trade mark Glasgow (United Kingdom)

Community trade mark Figurative mark composed of the
sought graphic representation of a cowhide in black and white — application no. 132, 134, filed for
goods and services in classes 29,
32 and 39 (in particular: milk,
milk beverages, milk products,
dairy products, cream and yoghurt)

Proprietor of mark or The plaintiff
sign cited in the opposition proceedings:

Proprietor of mark or Composite Benelux trade mark
sign no 580 538 comprising in part a
graphic representation of a cowhide in black and white registered
for goods in classes 29 and 30

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

Decision of the Board of Dismissal of the applicant’s appeal
Appeal:

Pleas in law: Infringement of the concept of
the likelihood of confusion as
interpreted by the Court of Justice
in the light of:

—
the identity of the goods;

—
the similarity between the
mark against which the
opposition was directed and
the dominant and distinctive
element of the first mark;

—
the fact that the goods are
targeted at the general public
for everyday use

**Action brought on 24 April 2003 by Michael Cwik against**
**the Commission of the European Communities**

**(Case T-155/03)**

(2003/C 171/61)

_(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 24 April 2003 by Michael Cwik,
residing in Tervuren (Belgium), represented by Nicolas Lhoëst,
lawyer.

The applicant claims that the Court should:

—
annul the decision of the Secretary General of 13 June
2002 confirming, without amendment, the applicant’s
staff report for the period running from 1 July 1995 to
30 June 1997;

—
order the defendant to pay the applicant EUR 15 000 by
way of damages;

—
order the defendant to pay the costs.