Source: EURLEX
Language: en
Format: md

C 184/44 EN Official Journal of the European Union 2.8.2003

—
make the appropriate ruling as to costs and order the
Parliament to pay those costs.

_Pleas in law and main arguments_

The applicants in this case seek the annulment of the Parliament's decision changing the method of calculating annual
travel expenses to Greece.

The pleas in law and main arguments put forward by the
applicants in support of their application are similar to those
of the applicants in Cases T-221/02 ( [1] ) and T-44/03 ( [2] ).

( [1] ) OJ C 247, 12.10.02, p. 17.
( [2] ) OJ C 101, 26.04.03, p. 40.

**Action brought on 26 May 2003 by Applied Molecular**
**Evolution, Inc. against the Office for Harmonisation in the**
**Internal Market (Trade Marks and Designs) (OHIM)**

**(Case T-183/03)**

(2003/C 184/97)

_(Language of the case: 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
26 May 2003 by Applied Molecular Evolution, Inc., San Diego,
USA, represented by Mr A. Deutsch, lawyer.

The applicant claims that the Court should:

—
Annul the decision of the Second Board of Appeal of the
Office for Harmonisation in the Internal Market (Trademarks and Designs) in the case R 108/2002-2 of
13 March 2003.

—
Order the defendant to register the mark No 001586510
‘APPLIED MOLECULAR EVOLUTION’

—
Order the costs of the proceedings to be borne by the
defendant

_Pleas in law and main arguments_

Applicant for Community Applied Molecular Evolution,
trade mark: Inc

Community trade mark Word mark ‘APPLIED MOLECUsought: LAR EVOLUTION’ for certain
services in Class 42 (application
No 001586510)

Examiner's decision: Application refused

Decision of the Board of Appeal dismissed
Appeal:

Pleas in law: Misapplication of Article 7(1)
(b) and (c), of Regulation 40/
94 ( [1] ).

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

**Action brought on 21 May 2003 by Metrovacesa SA**
**against the Office for Harmonisation in the Internal**
**Market (Trade marks and Designs) (OHIM)**

**(Case T-184/03)**

(2003/C 184/98)

_(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
21 May 2003 by Metrovacesa SA, (Madrid), represented by José
Antonio Calderón Chavero, lawyer at the Madrid Bar.

The applicant claims that the Court should:

—
annul the decision of the First Board of Appeal of OHIM
of 10 March 2003 in Case R-183/2002;

—
dismiss in its entirety opposition procedure no B262.271;

—
uphold the claims of the appellant and allow the relevant
Opposition Division at OHIM to register the trade mark
in question; and

—
order OHIM and the other parties to pay the costs.

_Pleas in law and main arguments_

Applicant for Community GESINAR S.L. (Assignee: the aptrade mark: plicant)

Community trade mark Figurative mark ‘Gesinar’ — Apsought: plication no 1 202 027 for
goods in Classes 35, 36 and
41 (business management assistance, administration, brokerage,
leasing, evaluation, appraisal
and development of all kinds
of real estate; issue of tokens
of value, educational and entertainment services)

Proprietor of mark or sign
cited in the opposition proceedings:

GESTIONES ADMINISTRATI
VAS Y SERVICIOS INMOBI
LIARIOS MAR S.L.

2.8.2003 EN Official Journal of the European Union C 184/45

Mark or sign cited in oppo- Figurative mark ‘GESINMAR’
sition: (mark with priority
no 1975912, for goods in
Class 36)

Decision of the Opposition Upholding of the opposition for
Division: all services in Class 36

Decision of the Board of Dismissal of the appeal
Appeal:

Pleas in law: Misapplication of Article 8(1)(b)
of Regulation (EC) No 40/94
(likelihood of confusion)

**Action brought on 27 May 2003 by Vincenzo Fusco**
**against the Office for Harmonisation in the Internal**
**Market (Trade Marks and Designs) (OHIM)**

**(Case T-185/03)**

(2003/C 184/99)

_(Language of the case: Italian)_

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
27 May 2003 by Vincenzo Fusco, represented by B. Saguatti,
lawyers.

The other party to the proceedings before the Board of Appeal
was Antonio Fusco International S.A.

The applicant claims:

—
as a principal claim, that the Court should annul the
contested decisions of the Board of Appeal holding that
the marks Antonio Fusco and Enzo Fusco were liable to
be confused with each other;

—
in the alternative, should the Court hold that the marks
Antonio Fusco and Enzo Fusco are liable to confusion,
that the Court should specify the precise territorial scope
of the decision;

—
as a principal claim, a declaration that, although the
opposition is based on an earlier Community trade
mark, the transformation procedure is not precluded save
by reference to the territory in respect of which the
existence of a risk of confusion may be recognised;

—
that the opponent should be ordered to pay the costs, or,
in the alternative, given the delicacy and complexity of
the questions under consideration, that a composition of
costs should be established.

_Pleas in law and main arguments_

Applicant for Community The Applicant
trade mark:

Community trade mark The trade name ‘ENZO FUSCO’

—
sought: Application for registration
No 726735, requested for products in Classes 3, 9, 18, 24
and 25 (products which are traditionally the subject of trade
mark registration by so-called
creators of taste and fashion)

Mark or sign cited in op- Community mark ‘ANTONIO
position: FUSCO’ (Registration
No 654059) for products substantially identical to those
claimed by the Applicant

Decision of the Opposition Opposition upheld and applicaDivision: tion for registration dismissed

Decision of the Board of Dismissal of the appeal.
Appeal:

Pleas in law: Misapplication of Article 8(1)(b)
of Regulation (EC) No 40/94
(Risk of confusion).

**Action brought on 27 May 2003 by Joëlle Hivonnet**
**against Council of the European Union**

**(Case T-188/03)**

(2003/C 184/100)

_(Language of the case: French)_

An action against the Council of the European Union was
brought before the Court of First Instance of the European
Communities on 27 May 2003 by Joëlle Hivonnet, domiciled
in New York (United States), represented by Georges Vandersanden and Laure Levi, lawyers.

The applicant claims that the Court should:

—
annul the decision of the appointing authority of 23 July
2002 rejecting the applicant's request for the grant of an
education allowance for her daughter Eponine for the
school years 1999-2000 and 2000-2001, and only
granting an education allowance for the school year
2001-2002 on an exceptional basis on the ground of
educational continuity;

Proprietor of mark or sign
cited in the opposition proceedings:

Antonio Fusco International
S.A., Luxembourg