Source: EURLEX
Language: en
Format: md

C 245/24 EN Official Journal of the European Communities 1.9.2001

**Action brought on 7 June 2001 by DaimlerChrysler** **Action brought on 11 June 2001 by José Alejandro S.L.**
**Corporation against the Office for Harmonisation in the** **against Office for the Harmonization of the Internal**
**Internal Market** **Market (trade marks and designs) (OHIM)**

**(Case T-129/01)**
**(Case T-128/01)**

(2001/C 245/39)
(2001/C 245/38)

_(Language of the case: Spanish)_

_(Language of the case: English)_
An action against Office for Harmonization in the Internal
Market (trade marks and designs (OHIM) was brought before
An action against the Office for Harmonisation in the Internal the Court of First Instance of the European Communities on
Market was brought before the Court of First Instance of the 11 June 2001 by José Alejandro S.L., whose registered office is
European Communities on 7 June 2001 by DaimlerChrysler at Elche (Spain), represented by Ignacio Temin˜o Ceniceros.
Corporation, having its registered office in Michigan (USA),
represented by T. Cohen Jehoram of De Brauw Blackstone
The applicant claims that the Court should:
Westbroek, The Hague (Netherlands).

—
uphold the present application and alter the contested
decision of 20 March 2001 of the First Board of Appeal
The applicant claims that the Court should: (R 230/2001-1) dismissing the appeal against the decision
to accept the opposition submitted by Anheuser-Bush,

—
annul the decision of the Board of Appeal in so far as it Inc. against the application to register ‘Budmen’ as a
finds that the mark does not satisfy the conditions as laid Community trade mark (Application No 30.221) submitdown in article 7(1)b and /or Article 7(3) of Regulation ted by José Alejandro S.L. for goods in Class 25, and
n [o] 40/94( [1] ); grant registration of Community trade mark application
No 30221 in Class 25 as applied for;

—
order the OHMI to accord a date of registration in respect —
in the alternative, uphold the present application and
of the application for a Community trade mark; and alter the content of the contested administrative act, and
grant registration of Community trade mark application

—
order the OHMI to compensate DaimlerChrysler for the No 30221 in Class 25 only in respect of footwear.
costs of these proceedings.

—
so far as concerns costs, order the parties to bear their
own costs and each pay half of the common costs.

_Pleas in law and main arguments_
_Pleas in law and main arguments_

Applicant for the Com- DaimlerChrysler Corporation
Applicant for the Com- José Alejandro S.L.
munity trade mark:
munity trade mark:

The Community trade Figurative trademark (grille The Community trade Word mark ‘BUDMEN’ — Applimark concerned: design) — Application n [o] 525048 mark concerned: cation No 30.221 for certain
for goods in class 12 goods in Classes 10, 16 and 25

Decision of the Exam- Rejection of the application Proprietor of the right to The opponent
iner: the trade mark or sign
asserted by way of oppoDecision of the Board of Rejection of the appeal sition in the opposition
proceedings:
Appeal:

Trade mark or sign Word mark ‘BUD’ registered in
Grounds of claim: Incorrect interpretation of
asserted by way of oppo- Denmark, United Kingdom and
Articles 7(1)b and 7(3) of Council
sition in the opposition Ireland for goods in Classes 16
Regulation n [o] 40/94. proceedings: and 25

Decision of the Oppo- Acceptance of the opposition
( [1] ) Council Regulation (EC) No 40/94 of 20 December 1993 on the sition Division: with respect to the goods in
Community trade mark (OJ 11, p. 1). Class 25

Decision of the Board of Dismissal of the appeal
Appeal: