CELEX: C2002/044/41
Language: en
Date: 2002-02-16 00:00:00
Title: Case T-295/01: Action brought on 3 December 2001 by Nordmilch eG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

C 44/22                EN                     Official Journal of the European Communities                                       16.2.2002
European Communities on 3 December 2001 by Lucı́a                        The applicant claims that the Court should:
Aparicio Chofré, residing in Valencia (Spain), represented by
Gloria Ballester Cañada, lawyer.
                                                                         —     annul the decision adopted on 19 September 2001 by
                                                                               the Third Board of Appeal in Case No R 826/2000-3;
The applicant claims that the Court should:
                                                                         —     order the defendant to proceed with the registration
                                                                               proceedings in respect of Community trade mark appli-
—     annul the decision of the selection board in general                     cation No 607895, in particular to re-open the opposition
      competition COM/B/01 in the event that it does not mark                  proceedings pending under opposition No B 190746
      the tests sat by the applicant on 6 July 2001.                           and, following the conclusion of those opposition pro-
                                                                               ceedings, in so far as Community trade mark application
                                                                               No 607895 is not found to be excluded from registration
                                                                               in accordance with the first sentence of Article 43(5) of
                                                                               the Community trade mark regulation (1), order the
Pleas in law and main arguments                                                defendant to register the trade mark applied for pursuant
                                                                               to Article 45 of that regulation;
The applicant claims that the contested decision, which
excludes her from the competition on the ground that                     —     order the defendant to pay the costs.
she does not meet the conditions relating to professional
experience required under Point III.B of the competition notice,
not only adversely affects her but, moreover, is unlawful and
contrary to the wording of the competition notice (1), according
to which candidates must have acquired, by the deadline for              Pleas in law and main arguments
the submission of applications, at least 4 years’ professional
experience. The applicant argues that, in accordance with the
criteria laid down in the notice for the calculation of the period       The trade mark applied         the verbal mark ‘OLDENBURGER’
of professional experience, she has shown that she has acquired          for:                           — Application No 607895
7 years and 8 months of experience, so that the board should
have allowed her to take part in the competition.                        Goods or services:             goods in Classes 29, 30 and 32
                                                                                                        (including milk and dairy prod-
                                                                                                        ucts)
(1) Published in OJ 2001 C 24A.
                                                                         Decision         contested     refusal of registration by the
                                                                         before the Board of            examiner
                                                                         Appeal:
                                                                         Decision of the Board of       rejection of the appeal
                                                                         Appeal:
                                                                         Grounds of claim:              —     error of law in the appli-
                                                                                                              cation of Article 7(1)(c) and
Action brought on 3 December 2001 by Nordmilch eG                                                             Article 7(2) of Regulation
against the Office for Harmonisation in the Internal                                                          (EC) No 40/94;
               Market (Trade Marks and Designs)
                                                                                                        —     misinterpretation of Article
                                                                                                              12(b) of Regulation (EC)
                         (Case T-295/01)                                                                      No 40/94;
                                                                                                        —     error of law by the defendant
                          (2002/C 44/41)                                                                      in failing to call upon the
                                                                                                              applicant to give a dis-
                                                                                                              claimer.
                   (Language of the case: German)
                                                                         (1) Council Regulation (EC) No 40/94 of 20 December 1993 on the
An action against the Office for Harmonisation in the Internal
                                                                             Community trade mark (OJ 1994 L 11, p. 1).
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on
3 December 2001 by Nordmilch eG, of Zeven (Germany),
represented by C. Spintig, lawyer.