Source: EURLEX
Language: en
Format: md

29.11.2003 EN Official Journal of the European Union C 289/25

3. _Reserves the costs._

**ORDER OF THE PRESIDENT OF THE COURT OF FIRST**

**INSTANCE**

**of 16 September 2003**

**in Case T-272/03 R: Maria Dolores Fernández Gómez v**
**Commission of the European Communities**

_**(Interim measures — Application for suspension of oper-**_
_**ation — Urgency — None)**_

(2003/C 289/53)

_(Language of the case: French)_

In Case T-272/03 R: Maria Dolores Fernández Gómez, residing
in Brussels (Belgium), represented by J. Iturriagagoititia and
K. Delvolvé, lawyers, against Commission of the European
Communities (Agents: J. Currall, F. Clotuche-Duvieusart and
H. Tserepa- Lacombe) — application for suspension of the
operation of the Commission’s decision of 12 May 2003
rejecting the application to renew the applicant’s temporary
staff contract, the President made an order on 16 September
2003, the operative part of which is as follows:

1. _The application for interim measures is dismissed._

2. _Costs are reserved._

**Action brought on 18 July 2003 by Mülhens GmbH & Co.**
**KG against the Office for Harmonisation in the Internal**
**Market (Trade marks and Designs) (OHIM)**

**(Case T-263/03)**

(2003/C 289/54)

_(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
18 July 2003 by Mülhens GmbH & Co. KG, represented by

Th. Schulte-Beckhausen, lawyer. The additional party before
the Board of Appeal was Conceria Toska S.R.L., Milan (Italy).

The applicant claims that the Court should:

—
annul the decision of the Second Board of Appeal of the
defendant of 13 May 2003 (Case R 369/2002-2);

—
order the defendant to pay the costs.

_Pleas in law and main arguments_

Applicant for Com- Conceria Toska S.R.L.
munity trade mark:

Community trade mark Word mark TOSKA for goods
sought: in Class 18 (including bags) —
application No 743427

Proprietor of mark or Applicant
sign cited in the opposition:

Mark or sign cited in German word mark TOSCA for
opposition: perfumes (including ‘parfum’, ‘eau
de toilette’, and ‘eau de parfum
pour femmes’)

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

Decision of the Board of Dismissal of the applicant’sappeal
Appeal:

Pleas in law: — The opposition based on the
mark with reputation is well
founded pursuant to
Article 8(1)(b) of Regulation
(EC) No 40/94( [1] ).

— There is a likelihood of confusion between the opposing
marks.

— There are certain similarities
between the opposing
goods.

— The earlier mark is a mark
with reputation within the
meaning of Article 8(5) of
Regulation (EC) No 40/94.

( [1] ) Council Regulation (EC) No 40/94 of 20 December 1993 on the
Community trade mark (OJ 1994 L 11, p. 1).