Source: EURLEX
Language: en
Format: md

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).