Source: EURLEX
Language: en
Format: md

1.11.2003 EN Official Journal of the European Union C 264/39

**Action brought on 12 September 2003 by Wassen Inter-**
**national Limited against the Office for Harmonisation in**
**the Internal Market**

**(Case T-312/03)**

(2003/C 264/68)

_(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 was brought before the Court of First Instance of the
European Communities on 12 September 2003 by Wassen
International Limited, Leatherhead (United Kingdom), represented by M. Edenborough, Barrister. Stroschein Gesundkost
GmbH was also a party to the proceedings before the Board of
Appeal.

The applicant claims that the Court should:

—
allow the appeal by the applicant to the Court of First
Instance;

— remit the Community trade mark application
No 1083567 to the Office so as to allow it to proceed to
registration;

—
annul the decision of the Opposition Division No 2920/
2001;

—
annul the decision of the Fourth Board of Appeal No
R 0121/2002-4;

—
order the opponent to pay to the applicant the costs
incurred by the applicant in connection with this appeal
and the appeal before the Board of Appeal and the
opposition before the Opposition Division.

_Pleas in law and main arguments_

Applicant for the Com- Wassen International Limited
munity trade mark:

The Community trade The word mark ‘SELENIUM-ACE’
mark sought: for goods in class 3 and 5 (cosmetics, soaps, lotions, nutritional
supplements, vitamins, ...)

Proprietor of mark or Stroschein Gesundkost GmbH
sign cited in the opposition proceedings:

Mark or sign cited in The national figurative mark Selopposition: enium Spezial A-C-E and device
for goods in class 5 and 30 (Nonmedical and non-pharmaceutical
preparations on the basis of
starch, calcium salts, magnesium
stearate and yeast as nutritional
additives)

Decision of the Oppo- Rejection of the Community trade
sition Division: mark application and upholding
of the opposition

Decision of the Board of Dismissal of the appeal lodged by
Appeal: the applicant for the community
trade mark, Wassen International
Limited

Pleas in law: The applicant invokes an infringement of regulation No 40/94( [1] )
in that the contested decision
determined that there existed a
likelihood of confusion between
the marks.

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

**Removal from the register of Case T-250/99** ( [1] )

(2003/C 264/69)

_(Language of the case: Dutch)_

By order of 2 September 2003 the President of the Second
Chamber of the Court of First Instance of the European
Communities ordered the removal from the register of Case
T-250/99: Shell Nederland Verkoopmaatschappij B.V. v Commission of the European Communities.

( [1] ) OJ C 20 of 22.1.2000.