CELEX: C2003/055/92
Language: en
Date: 2003-03-08 00:00:00
Title: Case T-3/03: Action brought on 7 January 2003 by Everlast World's Boxing Headquarters Corporation against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

C 55/38               EN                         Official Journal of the European Union                                           8.3.2003
Action brought on 7 January 2003 by Everlast World’s                     Pleas in law:                  —    There are no absolute
Boxing Headquarters Corporation against the Office for                                                       grounds for refusal to regis-
Harmonisation in the Internal Market (Trade Marks and                                                        ter the mark within the
                            Designs)                                                                         meaning of Article 7(1)(c)
                                                                                                             and (b) of Regulation (EC)
                                                                                                             No 40/94 ( 1).
                          (Case T-3/03)
                                                                                                        —    The trade mark has become
                         (2003/C 55/92)                                                                      distinctive in relation to the
                                                                                                             goods or services for which
                                                                                                             registration is requested in
                  (Language of the case: German)                                                             consequence of the use
                                                                                                             which has been made of it,
                                                                                                             in       accordance       with
                                                                                                             Article 7(3) of Regulation
An action against the Office for Harmonisation in the Internal                                               (EC) No 40/94.
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on
7 January 2003 by Everlast World’s Boxing Headquarters
Corporation, New York, represented by A. Barth, Rechtsan-                (1 ) Council Regulation (EC) No 40/94 of 20 December 1993 on the
wältin.                                                                       Community trade mark (OJ 1993 L 11, p. 1).
The applicant claims that the Court should:
—     set aside paragraphs 2 and 3 of the operative part of
      Decision R 391/2001-1 of the First Board of Appeal of
      the Office for Harmonisation in the Internal Market of
      30 October 2002;
—     order the Office to pay the costs.
                                                                         Action brought on 8 January 2003 by Giorgio Lebedef
                                                                            against the Commission of the European Communities
Pleas in law and main arguments
                                                                                                    (Case T-4/03)
Trade mark for which          The word mark ‘Choice of Cham-
Community registration        pions’        —         Application
sought:                       No 1508498                                                           (2003/C 55/93)
Goods or services:            Goods of Classes 18, 25 and 28
                                                                                            (Language of the case: French)
Decision       challenged     Refusal of registration by the
before the Board of           examiner
Appeal:
Decision of the Board of      Annulment of the examiner’s
                                                                         An action against the Commission of the European Communi-
Appeal:                       decision in respect of ‘Leather and
                                                                         ties was brought before the Court of First Instance of the
                              imitations of leather and goods            European Communities on 8 January 2003 by Giorgio Lebedef,
                              made from these materials’ so far
                                                                         residing in Senningerberg (Luxembourg), represented by
                              as contained in Class 18; ‘animal          G. Bounéou, avocat, with an address for service in Luxembourg
                              skins and hides’, ‘trunks and trav-
                              elling bags; umbrellas, parasols
                              and walking sticks’ and ‘Play-
                              things; decorations for Christmas          The applicant claims that the Court should:
                              trees’. Dismissal of the complaint
                              in respect of ‘whips, harness and
                              saddlery’, ‘Clothing, footwear,            —     annul the decision of Appointing Authority of the
                              headgear’ and ‘Games; gymnastic                  Commission of the European Communities of 21 Decem-
                              and sporting articles’ so far as                 ber 2001 not to include the applicant’s name in the list
                              contained in Class 28, and dis-                  of most deserving officials and not to promote him to
                              missal of the application for dis-               grade B1 in the promotion exercise for 2001 (decision
                              tinctive force as a result of use in             adopted following reconsideration of the applicant’s file
                              respect of those goods.                          during the 2001 promotion exercise);