Source: EURLEX
Language: en
Format: md

20.3.2004 EN Official Journal of the European Union C 71/35

**Action brought on 14 January 2004 by Alto de Casablanca,**
**S.A. against the Office for Harmonisation in the Internal**
**Market (Trade Marks and Designs) (OHIM)**

**(Case T-14/04)**

(2004/C 71/62)

_(Language of the case to be determined pursuant to Article 131(2)_
_of the Rules of Procedure-language in which the application was_
_submitted: 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
14 January 2004 by Alto de Casablanca, S.A., Casablance,
(Chile), represented by A. W. Pluckrose, Chartered Patent
Attorney. Bodegas Julián Chivite, S.L. was also a party to the
proceedings before the Board of Appeal.

The applicant claims that the Court should:

—
annul the decision of the Second Board of Appeals of the
Office for Harmonisation in the Internal Market of
4 November 2003;

— direct the Office for Harmonisation in the Internal Market
to proceed to register Community Mark Application
number 568337;

—
order payment of the Applicant’s costs.

_Pleas in law and main arguments_

Applicant for the Com- ALTO DE CASABLANCA S.A.
munity trade mark:

Community trade mark Word mark ‘VERAMONTE’ for
sought: goods in class 33 (wine)

Proprietor of the right to BODEGAS JULIAN CHIVITE S.L.
the trade mark or sign
asserted by way of opposition in the opposition
proceedings:

Trade mark or sign National marks ‘BEAMONTE’ and
asserted by way of oppo- ‘BODEGAS BEAMONTE’ for
sition in the opposition goods in class 33 (wines, spirits,
proceedings: liquors) and services in class 39
(goods transportation services)

Decision of the Oppo- Registration refused
sition Division:

Decision of the Board of Appeal rejected
Appeal:

Pleas in law: The applicant is represented by a
registered patent agent and trade
mark attorney, authorised to practice both in the United Kingdom
and at a European level. The applicant claims that, on these
grounds, its representative is also
authorised to represent it before
the Court of First Instance of
the European Communities. In
support of the substantive part
of its application the applicant
submits that the mark applied for
did not contravene
Article 8 (1) (b), of Regulation 40/
94 ( [1] ) and the Office was mistaken
to refuse registration.

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

**Action brought on 14 January 2004 by Sandoz GmbH**
**against the Commission of the European Communities**

**(Case T-15/04)**

(2004/C 71/63)

_(Language of the case: English)_

An action against the Commission of the European Communities was brought before the Court of First Instance of the
European Communities on 14 January 2004 by Sandoz
GmbH, Kundl, (Austria), represented by C. Thomas and
N. Dagg, Solicitors, and B. Oosting, lawyer.

The applicant claims that the Court should:

—
annul the Commission decision, notified to the applicant
by letter dated 14 November 2003, not to proceed with
the decision for a marketing authorisation of Omnitrop
under Article 10(1)(a)(ii) of Directive 2001/83 and to
send the CPMP opinion of 26 June 2003 back to the
EMEA;

—
order the Commission to pay the applicants costs.