Source: EURLEX
Language: en
Format: md

C 21/46 EN Official Journal of the European Union 24.1.2004

**Action brought on 24 November 2003 by CM Capital**
**Markets Holding, S.A. against the Office for Harmonis-**
**ation in the Internal Market (Trade Marks and Designs)**
**(OHIM)**

**(Case T-390/03)**

(2004/C 21/91)

_(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
24 November 2003 by CM Capital Markets Holding, S.A.,
established in Madrid, represented by Natalia Moya Fernández
of the Madrid Bar.

The applicant claims that the Court should:

—
annul the decision of the OHIM (First Board of Appeal)
of 23 September 2003 in Case R-244/2003 and, as a
consequence, uphold in its entirety the opposition
brought in opposition proceedings B348914;

—
accept the applicant’s arguments persuading the OHIM
Opposition Division that the sign concerned should not
be registered as a mark;

—
order the OHIM to pay the costs and reject the OHIM’s
arguments.

_Pleas in law and main arguments_

Applicant for Com- Caja de Ahorros de Murcia.
munity trade mark:

Community trade mark Figurative mark for which colour
sought: is claimed, consisting of the depiction of a red square containing
the letters ‘CM’ — Application
No 1.413.061 for goods and services in Classes 1 to 42.

Proprietor of mark or The applicant.
sign cited in the opposition proceedings:

Mark or sign cited in Spanish figurative mark ‘CAPITAL
opposition: MARKETS CM’, registered under
numbers 2.000.040, 2.000.041,
2.000.042 and 2.000.043 for services in Classes 35, 36, 38 and
42.

Decision of the Oppo- Opposition upheld and applisition Division: cation for registration refused in
respect of the following services:
business management, business
administration, office functions
(Class 35); insurance, financial
affairs, monetary affairs, banking
business, real-estate affairs
(Class 36); telecommunications
(Class 38); legal services and scientific and industrial research
(Class 42).

Decision of the Board of Appeal brought by the applicant
Appeal: for the mark upheld.

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

**Action brought on 27 November 2003 by Yves Franchet**
**and Daniel Byk against the Commission of the European**
**Communities**

**(Case T-391/03)**

(2004/C 21/92)

_(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 27 November 2003 by Yves
Franchet and Daniel Byk, both residing in Luxembourg,
represented by Georges Vandersanden and Laure Levi, lawyers.

The applicants claim that the Court should:

—
annul the European Commission’s decision of 18 August
2003, notified on 21 August 2003, refusing the applicants request for access to certain documents held by that
institution, and the Commission’s decision of 1 October
2003, refusing the confirmatory application lodged by
the applicants on 8 September 2003;

—
order the defendant to pay all of the costs.