Source: EURLEX
Language: en
Format: md

25.1.2003 EN Official Journal of the European Communities C 19/43

_Pleas in law and main arguments_

Applicant for the Com- Creative Technology Limited.
munity trade mark:

The Community trade the community trade mark applimark concerned: cation No 673327 for the word
mark ‘PC WORKS’ for goods in
class 9 (apparatus for recording,
transmitting and reproducing
sound or images, loudspeakers, a.
o.).

Proprietor of the right to Mr José Vila Ortiz.
the trade mark or sign
asserted by way of opposition in the opposition
proceedings:

Trade mark or sign the Spanish figurative mark ‘W
asserted by way of oppo- WORK PRO’, registered under
sition in the opposition No 1925320, in relation to goods
proceedings: in class 9 (sound electronical
equipments, loudspeakers, sound
reproducing apparatus, a. o.).

Decision of the Oppo- Rejection of the Community trade
sition Division: mark application.

Decision of the Board of Dismissal of the appeal brought
Appeal: by Creative Technology Limited.

Grounds of claim: the applicant submits that undue
weight was given to the common
element ‘Work’ in both marks
and insufficient consideration was
given to the fact that the goods in
question are only bought after
careful examination of the features of the goods, thus reducing
the likelihood of confusion
amongst the relevant public.

**Action brought on 3 December 2002 by Chum Limited**
**against the Office for Harmonisation in the Internal**
**Market**

**(Case T-359/02)**

(2003/C 19/80)

_(Language of the case: English)_

An action against the Office for Harmonisation in the Internal
Market was brought before the Court of First Instance of the

European Communities on 3 December 2002 by Chum
Limited, Toronto (Canada), represented by Michael Gilbert,
Solicitor. A further party to the proceedings before the Board
of Appeal was Star TV AG, Schlieren (Switzerland).

The applicant claims that the Court should:

—
set aside the Decision of the Second Board of Appeal of
OHIM, dated 17 [th] September, 2002 in Appeal No.
R1140/2000-2,

—
order that the Community Trade Mark application No.
890145 be registered for the services in Class 38 and
Class 41,

—
order that costs be awarded to the Applicant in this
Appeal, in Appeal No. R1140/2000-2 and in Opposition
No. 184525.

_Pleas in law and main arguments_

Applicant for the Com- Chum Limited
munity Trade-mark:

The Community trade- Word mark ‘STAR TV’ — applimark concerned: cation No 890145, relating to
goods in classes 38 and 41.

Proprietor of the right to Star TV AG
the trade mark or sign
asserted by way of opposition in the opposition
proceedings:

Trade-mark or sign Figurative trade-mark composed
asserted by way of oppo- of the words ‘STAR TV’ superpossition in the opposition ing a big black and white star,
procedings: accompanied by 3 smaller stars
and a small moon (international
registration No 638769, covering
Austria, Germany, the Benelux,
France andItaly), relatingto goods
in classes 38 and 41.

Decision of the Oppo- Rejection of the Community Trasition Division: de-mark.

Decision of the Board of Refusal of the Appeal.
Appeal:

Grounds of the claim: Incorrect application of Article
8(1)(b) of Regulation (EC) No 40/
94.