CELEX: C2003/304/57
Language: en
Date: 2003-12-13 00:00:00
Title: Case T-318/03: Action brought on 15 September 2003 by ATOMIC Austria GmbH against the Office for Harmonisation in the Internal Market (Trade marks and Designs) (OHIM)

13.12.2003            EN                         Official Journal of the European Union                                            C 304/31
Action brought on 15 September 2003 by ATOMIC                            Decision of the Board of       Dismissal of the applicant’s appeal
Austria GmbH against the Office for Harmonisation in                     Appeal:
  the Internal Market (Trade marks and Designs) (OHIM)
                                                                         Pleas in law:                  —     the decision is incorrect
                                                                                                              because the Board of Appeal
                        (Case T-318/03)
                                                                                                              did not find against the
                                                                                                              Opposition Division for fail-
                                                                                                              ing to take account of all the
                        (2003/C 304/57)                                                                       evidence adduced;
                                                                                                        —     in the alternative, the
                  (Language of the case: German)                                                              decision is incorrect because
                                                                                                              the Board failed to find that
                                                                                                              the Opposition Division’s
                                                                                                              failure to draw the appli-
                                                                                                              cant’s attention to the miss-
An action against the Office for Harmonisation in the Internal                                                ing documents contrary to
Market (Trade Marks and Designs) (OHIM) was brought before                                                    Rule 20(2) of Regulation
the Court of First Instance of the European Communities on                                                    (EC) No 2868/95 constituted
15 September 2003 by ATOMIC Austria GmbH, represented                                                         a procedural irregularity;
by G. Kucsko, lawyer. Fabricas Agrupadas de Muñecas de Onil
S.A., Alicante (Spain) was also a party to the proceedings                                              —     in the alternative, the
before the Board of Appeal.                                                                                   decision      was     incorrect
                                                                                                              because the Board of Appeal
                                                                                                              failed to hold that the Oppo-
                                                                                                              sition Division’s failure to
The applicant claims that the Court should:                                                                   point out the altered practice
                                                                                                              was an infringement of the
                                                                                                              principle of the protection of
—     annul the Decision of the Second Board of Appeal of the                                                 legitimate expectations.
      Office for Harmonisation in the Internal Market of 9 July
      2003 relating to opposition procedure No B 442 873;
—     order the Office for Harmonisation in the Internal Mark
      to reimburse the costs.
Pleas in law and main arguments
                                                                         Action brought on 3 October 2003 by El Corte Inglés S.A.
                                                                         against the Office for Harmonisation in the Internal
Applicant for Com-            Fabricas Agrupadas de Muñecas
                                                                                                  Market (OHIM)
munity trade mark:            de Onil S.A.
Community trade mark          Word mark ‘ATOMIC BLITZ’ for
                                                                                                  (Case T-342/03)
sought:                       goods in Class 28 (including
                              games and playthings; gymnastic
                              and sporting articles not included
                              in other classes)                                                   (2003/C 304/58)
Proprietor of mark or         The applicant
sign cited in the oppo-                                                                     (Language of the case: Spanish)
sition proceedings:
Mark or sign cited in         Austrian word mark ‘ATOMIC’
opposition:                   for inter alia goods in Class 28
                              (including sporting and gymnastic          An action against the Office for Harmonisation in the Internal
                              articles and games)                        Market (OHIM) was brought before the Court of First Instance
                                                                         of the European Communities on 3 October 2003 by El Corte
Decision of the Oppo-         Rejection of the opposition                Inglés, with its registered office in Madrid, represented by Juan
sition Division:                                                         Luis Rivas Zurdo and Emilio López Leiva, lawyers.