CELEX: C2001/245/39
Language: en
Date: 2001-09-01 00:00:00
Title: Case T-129/01: Action brought on 11 June 2001 by José Alejandro S.L. against Office for the Harmonization of the Internal Market (trade marks and designs) (OHIM)

C 245/24               EN                     Official Journal of the European Communities                                     1.9.2001
Action brought on 7 June 2001 by DaimlerChrysler                         Action brought on 11 June 2001 by José Alejandro S.L.
Corporation against the Office for Harmonisation in the                  against Office for the Harmonization of the Internal
                         Internal Market                                           Market (trade marks and designs) (OHIM)
                         (Case T-128/01)                                                         (Case T-129/01)
                                                                                                 (2001/C 245/39)
                         (2001/C 245/38)
                                                                                           (Language of the case: Spanish)
                   (Language of the case: English)
                                                                         An action against Office for Harmonization in the Internal
                                                                         Market (trade marks and designs (OHIM) was brought before
An action against the Office for Harmonisation in the Internal           the Court of First Instance of the European Communities on
Market was brought before the Court of First Instance of the             11 June 2001 by José Alejandro S.L., whose registered office is
European Communities on 7 June 2001 by DaimlerChrysler                   at Elche (Spain), represented by Ignacio Temiño Ceniceros.
Corporation, having its registered office in Michigan (USA),
represented by T. Cohen Jehoram of De Brauw Blackstone
                                                                         The applicant claims that the Court should:
Westbroek, The Hague (Netherlands).
                                                                         —     uphold the present application and alter the contested
                                                                               decision of 20 March 2001 of the First Board of Appeal
The applicant claims that the Court should:                                    (R 230/2001-1) dismissing the appeal against the decision
                                                                               to accept the opposition submitted by Anheuser-Bush,
—     annul the decision of the Board of Appeal in so far as it                Inc. against the application to register ‘Budmen’ as a
      finds that the mark does not satisfy the conditions as laid              Community trade mark (Application No 30.221) submit-
      down in article 7(1)b and /or Article 7(3) of Regulation                 ted by José Alejandro S.L. for goods in Class 25, and
      no 40/94 (1);                                                            grant registration of Community trade mark application
                                                                               No 30221 in Class 25 as applied for;
—     order the OHMI to accord a date of registration in respect         —     in the alternative, uphold the present application and
      of the application for a Community trade mark; and                       alter the content of the contested administrative act, and
                                                                               grant registration of Community trade mark application
—     order the OHMI to compensate DaimlerChrysler for the                     No 30221 in Class 25 only in respect of footwear.
      costs of these proceedings.
                                                                         —     so far as concerns costs, order the parties to bear their
                                                                               own costs and each pay half of the common costs.
Pleas in law and main arguments
                                                                         Pleas in law and main arguments
Applicant for the Com-         DaimlerChrysler Corporation               Applicant for the Com-        José Alejandro S.L.
munity trade mark:                                                       munity trade mark:
The Community trade            Figurative      trademark     (grille     The Community trade           Word mark ‘BUDMEN’ — Appli-
mark concerned:                design) — Application no 525048           mark concerned:               cation No 30.221 for certain
                               for goods in class 12                                                   goods in Classes 10, 16 and 25
Decision of the Exam-          Rejection of the application              Proprietor of the right to    The opponent
iner:                                                                    the trade mark or sign
                                                                         asserted by way of oppo-
Decision of the Board of       Rejection of the appeal                   sition in the opposition
Appeal:                                                                  proceedings:
                                                                         Trade mark or sign            Word mark ‘BUD’ registered in
Grounds of claim:              Incorrect      interpretation     of      asserted by way of oppo-      Denmark, United Kingdom and
                               Articles 7(1)b and 7(3) of Council        sition in the opposition      Ireland for goods in Classes 16
                               Regulation no 40/94.                      proceedings:                  and 25
                                                                         Decision of the Oppo-         Acceptance of the opposition
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the          sition Division:              with respect to the goods in
    Community trade mark (OJ 11, p. 1).                                                                Class 25
                                                                         Decision of the Board of      Dismissal of the appeal
                                                                         Appeal:
 ---pagebreak--- 1.9.2001              EN                     Official Journal of the European Communities                                       C 245/25
Grounds of claim:             No risk of confusion within the           Grounds of claim:             Incorrect      interpretation   of
                              meaning of Article 8(1)(b) of                                           article 7 (1) b) of Council Regu-
                              Council Regulation (EC) No 40/94                                        lation 40/94 (1).
                              of 20 December 1993 on the
                              Community trade mark, since
                              there is neither a visual nor pho-        (1) Council Regulation (EC) No 40/94 of 20 December 1993 on the
                              netic similarity between the trade            Community trade mark (OJ L 11, p. 1).
                              marks nor do they desgignate
                              goods which may be confused
                                                                        Action brought on 18 June 2001 by Hans Fuchs Ver-
                                                                        sandschlachterei KG against the Commission of the Euro-
                                                                                               pean Communities
Action brought on 11 June 2001 by Sykes Enterprises
Incorp. against the Office for Harmonisation in the
                        Internal Market                                                          (Case T-134/01)
                        (Case T-130/01)                                                          (2001/C 245/41)
                        (2001/C 245/40)                                                   (Language of the case: German)
                  (Language of the case: English)
                                                                        An action against the Commission of the European Communi-
                                                                        ties was brought before the Court of First Instance of the
An action against the Office for Harmonisation in the Internal          European Communities on 18 June 2001 by Hans Fuchs
Market was brought before the Court of First Instance of the            Versandschlachterei KG, Duisburg (Germany), represented by
European Communities on 11 June 2001 by Sykes Enterprises               Ulrich Schrömbergs and Lothar Harings, Rechtsanwälte.
Incorp., Florida, USA, represented by Eberhard Körner of
Lichtenstein Körner & Partners, Stuttgard, Germany.
                                                                        The applicant claims that the Court should:
The applicant claims that the Court should:                             —     order the Commission to pay the applicant
                                                                              DEM 13 130,04 plus interest at 8 % per annum as from
                                                                              1 March 2000;
—     annul the contested decision of 7 March 2001 in Case
      No. R 0504/2000-3;
                                                                        —     in the alternative, order the Bundesanstalt für Landwirt-
                                                                              schaft und Ernährung to pay the applicant
—     order the Office to publish the trademark application                   DEM 13 130,04 plus interest at 8 % per annum as from
      concerned;                                                              1 March 2000;
—     order the Office to pay the costs.                                —     order the Commission to pay the costs.
Pleas in law and main arguments                                         Pleas in law and main arguments
Applicant for the Com-        Sykes Enterprises Inc.                    In connection with a programme to supply agricultural
munity trade mark:                                                      products to the Russian Federation (1), two tendering pro-
                                                                        cedures took place: one for procuring the products and the
The Community trade           Word mark: ‘Real people, real             other for their delivery to Russia. Commission Regulation
mark concerned:               solutions’       —      Application       (EC) No 1135/1999 (2) was to constitute the basis for the
                              no 1040534 for certain services           procurement of the products. Transport was dealt with by
                              in classes 35, 37 and 42                  Commission Regulation (EC) No 1955/1999 (3).
Decision of the Exam-         Rejection of the Application
iner:                                                                   The applicant submitted a tender for the procurement of pork
                                                                        for subsequent delivery to Russia and obtained the contract
Decision of the Board of      Rejection of the Appeal                   for the procurement of one lot. A third party obtained the
Appeal:                                                                 contract for delivery.