Source: EURLEX
Language: en
Format: md

22.3.2003 EN Official Journal of the European Union C 70/23

**Action brought on 29 November 2002 by Mühlens GmbH**
**& Co. KG against the Office for Harmonisation in the**
**Internal Market (Trade Marks and Designs)**

**(Case T-355/02)**

(2003/C 70/38)

_(Language of the case to be decided in accordancewith Article 131(2)_
_of the Rules of Procedure — Language in which the application was_
_drafted: German)_

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on
29 November 2002 by Mülhens GmbH & Co. KG, Köln
(Germany), represented by T. Schulte-Beckhausen. Also a party
before the Board of Appeal: Zirh International CDRP, New
York, United States of America

The applicant claims that the Court should:

—
annul the decision of the Second Board of Appeal of
1 October 2002 (File No R 657/2001-2;

—
order the defendant to pay the costs.

_Pleas in law and main arguments_

Applicant for the Com- ZIRH International CDRP
munity trade mark:

Community trade mark Word mark ‘ZIRH’ for goods and
concerned: services in Classes 3 and 42 ( _inter_
_alia_, Soaps; perfumery; essential
oils; cosmetics; hair lotions and
Hygienic and beauty care services)
— Application No 1316744

Owner of the right to The applicant
the trade mark or sign
asserted by way of opposition in the opposition
proceedings:

Trade mark or sign The figurative mark‘Sir’ for Goods
asserted by way of oppo- in Class 3 (Perfumery, essential
sition in the opposition oils, cosmetics, dentifrices, soaps,
proceedings: hair lotions.

Decision of the Oppo- Dismissal of the opposition
sition Board:

Decision of the Board of Dismissal of the applicant’s appeal
Appeal:

Grounds of claim: — The goods are partly identical, or to a great extent
similar

—
There is great similarity in
relation to the marks

— There is a risk of confusion
between the marks that are
comparable

**Action brought on 13 December 2002 by Dorte Schmidt-**
**Brown against Commission of the European Communities**

**(Case T-387/02)**

(2003/C 70/39)

_(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 13 December 2002 by Dorte
Schmidt-Brown, residing in Wellen (Germany), represented by
Albert Coolen, Jean-Noël Louis and Etienne Marchal, lawyers.

The applicant claims that the Court should:

—
annul the decision of the Commission of 26 April 2002
rejecting the applicant’s request seeking:

— aid and assistance from her institution in the action
brought before the courts of the United Kingdom
against Eurogramme Ltd;