Source: EURLEX
Language: en
Format: md

C 146/40 EN Official Journal of the European Union 21.6.2003

With regard to this last point, the applicant states that the
right to be informed of the cause of the accusation against him
cannot be neutralised by the protection of public interest as
regards public security and international relations. Considering
all the damages suffered by the applicant, the balance of
interest is in his favour.

( [1] ) Not published in the OJ yet.
( [2] ) Council Decision of 28 October 2002 implementing Article 2(3)
of Regulation (EC) No 2580/2001 on specific restrictive measures
directed against certain persons and entities with a view to
combating terrorism and repealing Decision 2002/460/EC (OJ
L 295 of 30.10.2001, p. 12).
( [3] ) Council Regulation of 27 December 2001 on specific restrictive
measures directed against certain persons and entities with a view
to combating terrorism (OJ L 344 of 28.12.2001, p. 70).
( [4] ) Regulation of the European Parliament and the Council of 30 May
2001 regarding public access to European Parliament, Council
and Commission documents (OJ L 145 of 31.5.2001, p. 43).

**Action brought on 4 April 2003 by New Look Limited**
**against the Office for Harmonisation in the Internal**
**Market (Trade Marks and Designs) (OHIM)**

**(Case T-117/03)**

(2003/C 146/72)

_(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
4 April 2003 by New Look Limited, with its official address
in Weymouth (Dorset), United Kingdom, represented by
R. Ballester and G. Marín, lawyers, of the firm Marks & Clerk.

The applicant claims that the Court should:

—
Annul the decision of 27 January 2003 of the Second
Board of Appeal of OHIM in Case No R95/2002-1, and

—
Order the applicant, as well as any intervener, to pay the
costs arising from the proceedings and from Case No 95/
2001-1 before the First Board of Appeal of OHIM.

_Pleas in law and main arguments_

Applicant for Com- The applicant.
munity trade mark:

Community trade mark Figurative mark ‘NLSPORT’ —
sought: Application No 816 512 for
goods within Classes 3, 14, 18
and 25.

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

Mark or sign cited in Community trade mark
opposition: No 13417, consisting in an N
superposed on an L, both in
English characters.

Decision of the Oppo- Refusal of the opposition.
sition Division:

Decision of the Board of Annulment of the decision of the
Appeal: Opposition Division and acceptance of the opposition.

Pleas in law: Incorrect application of
Article 8(1)(b) of Regulation (EC)
No 40/494 (likelihood of confusion).

**Action brought on 4 April 2003 by New Look Limited**
**against the Office for Harmonisation in the Internal**
**Market (Trade Marks and Designs) (OHIM)**

**(Case T-118/03)**

(2003/C 146/73)

_(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
4 April 2003 by New Look Limited, with its official address
in Weymouth (Dorset), United Kingdom, represented by
R. Ballester and G. Marín, lawyers, of the firm Marks & Clerk.

21.6.2003 EN Official Journal of the European Union C 146/41

The applicant claims that the Court should:

—
Annul the decision of 27 January 2003 of the Second
Board of Appeal of OHIM in Case R 577/2002-1, and

—
Order the applicant, as well as any intervener, to pay the
costs arising from the proceedings and from Case 577/
2001-1 before the First Board of Appeal of OHIM.

_Pleas in law and main arguments_

Applicant for Com- The applicant.
munity trade mark:

Community trade mark Figurative mark ‘NLJEANS’ —
sought: Application No 816.454 for
goods within Classes 3, 14, 18
and 25.

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

Mark or sign cited in Community figurative mark
opposition: No 13417, consisting in an N
superposed on an L, both in
English characters.

Decision of the Oppo- Refusal of the opposition.
sition Division:

Decision of the Board of Annulment of the decision of the
Appeal: Opposition Division and acceptance of the opposition.

Pleas in law: Incorrect application of
Article 8(1)(b) of Regulation (EC)
No 40/494 (likelihood of confusion).

**Action brought on 4 April 2003 by New Look Limited**
**against the Office for Harmonisation in the Internal**
**Market (Trade Marks and Designs) (OHIM)**

**(Case T-119/03)**

(2003/C 146/74)

_(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
4 April 2003 by New Look Limited, with its official address
in Weymouth (Dorset), United Kingdom, represented by
R. Ballester and G. Marín, lawyers, of the firm Marks & Clerk.

The applicant claims that the Court should:

—
Annul the decision of 27 January 2003 of the Second
Board of Appeal of OHIM in Case R 578/2002-1, and

—
Order the applicant, as well as any intervener, to pay the
costs arising from the proceedings and from Case 578/
2001-1 before the First Board of Appeal of OHIM.

_Pleas in law and main arguments_

Applicant for Com- The applicant.
munity trade mark:

Community trade mark Figurative mark ‘NLACTIVE’ —
sought: Application No 816.629 for
goods within Classes 3, 14, 18
and 25.

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

Mark or sign cited in Community trade mark
opposition: No 13417, consisting in an N
superposed on an L, both in
English characters.

Decision of the Oppo- Refusal of the opposition.
sition Division:

Decision of the Board of Annulment of the decision of the
Appeal: Opposition Division and acceptance of the opposition.

Pleas in law: Incorrect application of
Article 8(1)(b) of Regulation (EC)
No 40/494 (likelihood of confusion).