Source: EURLEX
Language: en
Format: md

19.5.2001 EN Official Journal of the European Communities C 150/29

**ORDER OF THE COURT OF FIRST INSTANCE** — for the rest, reverse the decision;

**of 8 February 2001** —
find that ENANTYUM should be refused registration as a
Community trade mark;
**in Case T-240/00: Lars Bo Rasmussen v Commission of**
**the European Communities** ( [1] )

—
order Laboratorios Menarini to pay the costs.
_**(Action for annulment — Inadmissibility — Claim for**_
_**damages — Manifestly inadmissible)**_

(2001/C 150/57)
_Pleas in law and main arguments_

_(Language of the case: French)_
Applicant for the Com- Laboratorios Menarini, S.A.
In Case T-240/00: Lars Bo Rasmussen, official at the Com- munity trade mark:
mission of the European Communities, residing in Dalheim
(Luxembourg), represented by M. Karp and J. Choucroun, Trade mark: Word mark ‘ENANTYUM’ —
avocats, with an address for service in Luxembourg, against application no. 14720.
the Commission of the European Communities (Agents:
C. Berardis-Kayser and D. Martin) — application for the Goods or services: Certain goods and services in class
annulment of the decision taken by the Commission in 5 (including anti-inflammatory
compliance with the judgment of the Court of First Instance
non-steroid painkillers).
of 14 April 1999 T-50/98 Rasmussen v Commission [1999]
ECR-SC I-A-63 and II-319 and a claim for damages — the
Trade marks raised in (Decision of 15 December 2000
Court of First Instance (Second Chamber), composed of
the opposition proceed- in the proceedings in Case RA.W.H. Meij, President, A. Potocki and J. Pirrung, Judges;
ings: 222/1999-2)
H. Jung, Registrar, made an order on 8 February 2001, the
operative part of which is as follows:
French word mark ‘ENANTONE’
1. _The application is dismissed as inadmissible;_ and Finnish, Swedish and Danish
word mark ‘ENANTON’ for phar2. _Each of the parties shall bear its own costs._ maceutical products in class 5.

( [1] ) OJ C 302 of 21.10.00.

Owner of the opposing The applicant.
marks:

Decision contested Refusal of the application for
before the Board of registration.
**Action brought on 19 February 2001 by Takeda Chemical**
Appeal:
**Industries Ltd. against the Office for Harmonisation in**
**the Internal Market (Trade Marks and Designs)**
Decision of the Board of Annulment of the decision of the
**(Case T-37/01)** Appeal: Opposition Division and dismissal of the opposition.

(2001/C 150/58)
Pleas in law relied on: Misconstruction of Article 43(2)
of the Community Trade Mark
_(Language of the case: French)_ Regulation( [1] ) — Absence of any
request to provide evidence of use
An action against the Office for Harmonisation in the Internal of the marks — Similarity of the
Market (Trade Marks and Designs) was brought before the goods — Likelihood of confusion.
Court of First Instance of the European Communities on
19 February 2001 by Takeda Chemical Industries Ltd. of
Osaka, Japan, represented by Thierry Mollet-Vieville, Avocat,
with an address for service in Luxembourg.
( [1] ) Council Regulation (EC) No 40/94 fo 20 December 1993 on the
Community trade mark (OJ L 11, p. 1).
The applicant claims that the Court should:

—
confirm the decision of the Second Board of Appeal
holding the signs ENANTYUM, ENANTONE and ENTANTON to be similar;