Source: EURLEX
Language: en
Format: md

10.3.2001 EN Official Journal of the European Communities C 79/25

_Pleas in law and main arguments_ Proprietor of the right to The applicant
the trade mark or sign
asserted by way of oppoThe pleas in law and main arguments are analogous to those
sition in the opposition
relied upon in Case T-379/00.
proceedings:

Trade mark or sign Registered German figurative
asserted by way of oppo- mark ‘ILS’ for ‘educational and
sition in the opposition teaching material (except for
proceedings: apparatus) in the form of printed
materials; data carriers of all kind
**Action brought on 30 December 2000 by the Institut für** with programmes for educational
**Lernsysteme against the Office for Harmonisation in the** purposes; development and run**Internal Market** ning of correspondence courses’
in Classes 9, 16 and 41

**(Case T-388/00)**
Decision of the Oppo- Rejection of the opposition
sition Division:
(2001/C 79/44)
Decision of the Board of Rejection of the opposition
Appeal:
_(Language of the case: English)_
Grounds of claim: — infringement of essential forAn action against the Office for Harmonisation in the Internal mal provisions, e.g. Article 43
Market was brought before the Court of First Instance of the (1) of Council Regulation on
European Communities on 30 December 2000 by the Institut the Community Trade Mark
für Lernsysteme, Hamburg, represented by Jörg Schneider — misapplication of the prinof CMS Hasche Sigle Eschenlohr Peltzer Schäfer, Stuttgart ciple that the closer the goods
(Germany). and services are to one another, the greater the distance the
A further party to the proceedings before the Board of Appeal marks must observe from one
was ELS Educational Services, Inc., Culver City, California, another
United States.

The applicant claims that the Court should:

— annul the decision of the Office dated 18.10.2000
— R 074/2000-3 and reject the registration of the
Community trade mark 000131276 ‘ELS’;
**Action brought on 5 January 2001 by Renco S.A. against**
— order the Office to bear the costs. **the Council of the European Union**

**(Case T-4/01)**
_Pleas in law and main arguments_
(2001/C 79/45)
Applicant for the Com- ELS Educational Services, Inc.
munity trade mark:
_(Language of the case: French)_
The trade mark con- The verbal mark ‘ELS’ — applicerned: cation 131276, relating to ‘eduAn action against the Council of the European Union was
cational textbooks and printed
brought before the Court of First Instance of the European
materials, namely student workCommunities on 5 January 2001 by Renco S.A., established in
books, catalogs, teaching manMilan (Italy), represented by Denis Philippe, of the Luxembourg
uals, printed instruction materials
Bar, and Francesco Apruzzi, of the Brussels Bar.
and charts and booklets designed
for students seeking to learn
English as a second language’ in The applicant claims that the Court should:
Class 16; ‘rendering technical
assistance in connection with the — order the defendant to pay to the applicant compensation
establishment and/or operation of totalling 6 863 000 euro, together with compensatory
language schools’ in Class 35 and interest with effect from the date of the event giving rise
‘educational services, namely pro- to the damage — namely, 14 April 2000 — and legal
viding English language instruc- interest from the date of delivery of the judgment,
tion’ in Class 41 composed of: