Source: EURLEX
Language: en
Format: md

C 184/44 EN Official Journal of the European Union 2.8.2003

—
make the appropriate ruling as to costs and order the
Parliament to pay those costs.

_Pleas in law and main arguments_

The applicants in this case seek the annulment of the Parliament's decision changing the method of calculating annual
travel expenses to Greece.

The pleas in law and main arguments put forward by the
applicants in support of their application are similar to those
of the applicants in Cases T-221/02 ( [1] ) and T-44/03 ( [2] ).

( [1] ) OJ C 247, 12.10.02, p. 17.
( [2] ) OJ C 101, 26.04.03, p. 40.

**Action brought on 26 May 2003 by Applied Molecular**
**Evolution, Inc. against the Office for Harmonisation in the**
**Internal Market (Trade Marks and Designs) (OHIM)**

**(Case T-183/03)**

(2003/C 184/97)

_(Language of the case: English)_

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
26 May 2003 by Applied Molecular Evolution, Inc., San Diego,
USA, represented by Mr A. Deutsch, lawyer.

The applicant claims that the Court should:

—
Annul the decision of the Second Board of Appeal of the
Office for Harmonisation in the Internal Market (Trademarks and Designs) in the case R 108/2002-2 of
13 March 2003.

—
Order the defendant to register the mark No 001586510
‘APPLIED MOLECULAR EVOLUTION’

—
Order the costs of the proceedings to be borne by the
defendant

_Pleas in law and main arguments_

Applicant for Community Applied Molecular Evolution,
trade mark: Inc

Community trade mark Word mark ‘APPLIED MOLECUsought: LAR EVOLUTION’ for certain
services in Class 42 (application
No 001586510)

Examiner's decision: Application refused

Decision of the Board of Appeal dismissed
Appeal:

Pleas in law: Misapplication of Article 7(1)
(b) and (c), of Regulation 40/
94 ( [1] ).

( [1] ) Council Regulation (EC) No 40/94 of 20 December 1993 on the
Community trade mark (OJ 11, p. 1).

**Action brought on 21 May 2003 by Metrovacesa SA**
**against the Office for Harmonisation in the Internal**
**Market (Trade marks and Designs) (OHIM)**

**(Case T-184/03)**

(2003/C 184/98)

_(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
21 May 2003 by Metrovacesa SA, (Madrid), represented by José
Antonio Calderón Chavero, lawyer at the Madrid Bar.

The applicant claims that the Court should:

—
annul the decision of the First Board of Appeal of OHIM
of 10 March 2003 in Case R-183/2002;

—
dismiss in its entirety opposition procedure no B262.271;

—
uphold the claims of the appellant and allow the relevant
Opposition Division at OHIM to register the trade mark
in question; and

—
order OHIM and the other parties to pay the costs.

_Pleas in law and main arguments_

Applicant for Community GESINAR S.L. (Assignee: the aptrade mark: plicant)

Community trade mark Figurative mark ‘Gesinar’ — Apsought: plication no 1 202 027 for
goods in Classes 35, 36 and
41 (business management assistance, administration, brokerage,
leasing, evaluation, appraisal
and development of all kinds
of real estate; issue of tokens
of value, educational and entertainment services)

Proprietor of mark or sign
cited in the opposition proceedings:

GESTIONES ADMINISTRATI
VAS Y SERVICIOS INMOBI
LIARIOS MAR S.L.