Source: EURLEX
Language: en
Format: md

C 71/30 EN Official Journal of the European Union 20.3.2004

reassign the applicant to the post of Principal Adviser at the
statistical office of the European Communities (Eurostat) and
of the decision of 1 October 2003 reorganising Eurostat and,
second, for the Commission to undertake the steps necessary
to enable the applicant to resume her functions as Director as
soon as possible — the President of the Court of First Instance
made an order on 25 November 2003, the operative part of
which is as follows:

1. _The application for interim relief is dismissed._

2. _Costs are reserved._

**Action brought on 15 December 2003 by Marmara**
**Import-Export GmbH against the Office for Harmonis-**
**ation in the Internal Market (Trade Marks and Designs)**
**(OHIM)**

**(Case T-403/03)**

(2004/C 71/57)

_(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) was brought before the
Court of First Instance of the European Communities on
15 December 2003 by Marmara Import-Export GmbH, Düsseldorf (Germany), represented by G. Rother and A. von
Arnswaldt, lawyers. Marmara Zeytin Tarim Satis Kooperatifleri
Birligi, Bursa (Turkey), was also a party to the proceedings
before the Board of Appeal.

The applicant claims that the Court should:

—
annul the decision of the First Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade
Marks and Designs) of 1 October 2003 (R 515/2002-1);

—
reject the opposition of the other party to the proceedings
before the Board of Appeal;

—
stay proceedings until a decision has been given on the
application for a declaration of invalidity;

—
order the defendant Office to pay the costs.

_Pleas in law and main arguments_

Applicant for Com- The applicant.
munity trade mark:

Community trade mark The word and figurative mark
sought: ‘marmara’ for goods in Classes 29,
30, 31, 32 and 33 (inter alia,
meat, fish, poultry and game) —
Application No 1 443 258.

Proprietor of mark or Marmara Zeytin Tarim Satis
sign cited in the oppo- Kooperatifleri Birligi.
sition proceedings:

Mark or sign cited in The Community trade mark
opposition: ‘MARMARABIRLIK’ for goods in
Class 29 (inter alia, meat, fish,
poultry and game) — Trade mark
No 681 429.

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

Decision of the Board of The decision of the Opposition
Appeal: Division was annulled and the
appeal allowed.

Pleas in law: There is no likelihood of confusion between the two marks
within the meaning of
Article 8(1)(b) of Regulation (EC)
No 40/94.

**Action brought on 17 December 2003 by AMS Advanced**
**Medical Services against the Office for Harmonisation in**
**the Internal Market (Trade Marks and Designs) (OHIM)**

**(Case T-425/03)**

(2004/C 71/58)

_(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) was brought before the
Court of First Instance of the European Communities on
17 December 2003 by AMS Advanced Medical Services,
Mannheim (Germany), represented by G. Lindhofer, lawyer.
American Medical Systems, Inc., Minnetonka (United States of
America), was also a party to the proceedings before the Board
of Appeal.

20.3.2004 EN Official Journal of the European Union C 71/31

The applicant claims that the Court should:

—
annul the contested decision ( [1] ) in so far as it refused
application No 1 358 480 for registration of a Community trade mark;

—
grant application No 1 358 480 for registration of a
Community trade mark;

—
in the alternative, refer the case back to the Board of
Appeal so that it may give a ruling on the matter;

—
order the defendant Office to pay the costs.

_Pleas in law and main arguments_

Applicant for Com- The applicant
munity trade mark:

Community trade mark The figurative mark ‘AMS
sought: Advanced Medical Services’ for
goods and services in Classes 5,
10 and 42 — Application No
1 358 480.

Proprietor of mark or American Medical Systems, Inc.
sign cited in the opposition proceedings:

Mark or sign cited in The UK word mark ‘AMS’
opposition: (No 2 061 585), the figurative
mark ‘American Medical System’
registered in several States of the
European Union and the registered word marks ‘AMS
AMBICOR’, ‘AMS SECURO-T’ and
‘AMERICAN MEDICAL SYSTEMS’
for goods in Class 10.

Decision of the Oppo- Refusal of the trade mark applisition Division: cation in respect of goods in
Class 10. Rejection of the opposition in so far as the application
concerns goods and services in
Classes 5 and 42.

Decision of the Board of Refusal of the trade mark appliAppeal: cation in respect of certain goods
in Class 5 (Pharmaceutical, veterinary and sanitary preparations;
dietetic substances adapted for
medical use; plasters, materials for
dressings; material for stopping
teeth, dental wax; disinfectants)

and certain goods and services in
Class 42 (hospitals, convalescent
homes, sanatoriums; medical,
hygienic and beauty care; medical
research, bacteriology and chemical research; development of
medicines, foodstuffs with pharmaceutical properties and other
health care products, and conducting medical and clinical
examinations, consultancy and
support for others for these activities; scientific and industrial
research, in particular medical,
bacteriological or chemical
research; opticians’ services; consultancy for health care professionals in the development,
establishing and conducting of
therapy programmes and the testing of the aforesaid therapy programmes by means of studies).
Dismissal of the opponent’s
appeal as to the remainder.

Pleas in law: — No likelihood of confusion
within the meaning of
Article 8(1) and (2) of Regulation (EC) No 40/94.

— No evidence of use of the
opposed marks in the European Community justifying
refusal of the application.

( [1] ) Decision of the Fourth Board of Appeal of the Office for
Harmonisation in the Internal Market (Trade Marks and Designs)
in Case R 671/2002-4.

**Action brought on 31 December 2003 by SIC-Sociedade**
**Independente de Comunicação, S.A. against the Com-**
**mission of the European Communities**

**(Case T-442/03)**

(2004/C 71/59)

_(Language of the case: Portuguese)_

An action against the Commission of the European Communities was brought before the Court of First Instance of the