Source: EURLEX
Language: en
Format: md

C 124/24 EN Official Journal of the European Union 24.5.2003

**Action brought on 27 February 2003 by Henkel KGaA**
**against the Office for Harmonisation in the Internal**
**Market (Trade Marks and Designs) (OHIM)**

**(Case T-67/03)**

(2003/C 124/42)

_(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
27 February 2003 by Henkel KgaA, Düsseldorf, Germany,
represented by Dr C. Osterrieth, lawyer, with an address for
service in Luxembourg. Koen Brutsaert 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
OHIM of 17 December 2002 in the appeal proceedings
No R 940/2001-1;

—
order the defendant to pay the costs.

_Pleas in law and main arguments_

Applicant for Com- Koen Brutsaert
munity trade mark:

Community trade mark Figurative mark ‘Professional
sought: Hygiene CID lines’ for certain
goods in Classes 1, 3 and 5 (application No 506618)

Proprietor of mark or Henkel KGaA
sign cited in the opposition proceedings:

Mark or sign cited in National marks ‘CIDE’ (for certain
opposition: goodsin classes 1 and 5) and ‘CID’
(in respect of certain goods in
Classes 1 and 3.

Decision of the Oppo- Opposition upheld for part of the
sition Division: contested goods, namely ‘bleaching preparations and other substances for laundry use; cleaning,
polishing, scouring and abrasive
preparation’ (Class 3). The application for registration may proceed for the remaining goods of
the application.

Decision of the Board of Mr. Brutsaert’s appeal allowed in
Appeal: part. Application to register may
proceed also in respect of the
goods ‘cleaning, polishing, scouring and abrasive preparation’ in
Class 3. Mr. Brutsaert’s appeal
dismissed for the remainder;
Opponent’s appeal dismissed.

Pleas in law: — misapplication of Article 43(2) and (3) of Regulation 40/94 ( [1] ). The applicant challenges the Board of
Appeal’s findings in relation
to the issue of using and thus
maintaining entitlement to
the national mark ‘CIDE’.

— misapplication of Article 8(1)(b) of Regulation 40/
94. The applicant challenges
the Board of Appeal’s findings regarding the issue of
similarity of goods.

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

**Action brought on 26 February 2003 by Bernard Zaoui,**
**Lucien Zaoui and Déborah Stain, née Zaoui against the**
**Commission of the European Communities**

**(Case T-73/03)**

(2003/C 124/43)

_(Language of the case: French)_

An action against the Commission of the European Communities was brought before the Court of First Instance of the
European Communities on 26 February 2003 by Bernard
Zaoui, residing in Combs-la-Ville (France), Lucien Zaoui,
residing in Netanya (Israel), and Déborah Stain, née Zaoui,
residing in Ramat Gan (Israel), represented by Jean Alex
Buchinger, lawyer.