CELEX: C2003/184/96
Language: en
Date: 2003-08-02 00:00:00
Title: Case T-182/03: Action brought on 20 May 2003 by Gianmarco Addimando and Others against the European Parliament

2.8.2003              EN                          Official Journal of the European Union                                          C 184/43
Pleas in law and main arguments                                           Decision contested before        Refusal by the examiner of re-
                                                                          the Board of Appeal:             gistration
Community       trade    mark    Word mark ‘DigiFilm’, applica-
sought:                          tion no 2 467 348
                                                                          Decision of the Board of         Dismissal of the applicant's ap-
                                                                          Appeal:                          peal
Goods or services:               Goods and services in Classes 9
                                 (storage media etc.) and 42
                                 (creating photographs etc.)
                                                                          Pleas in law:                    Infringement of Article 7(1)(b)
                                                                                                           and (c) and Article 7(2) of Reg-
                                                                                                           ulation No 40/94 (1)
Decision contested before        Refusal by the examiner of re-
the Board of Appeal:             gistration
                                                                          (1) Council Regulation (EC) No 40/94 of 20 December 1993 on the
                                                                              Community trade mark (OJ 1994 L 11, p. 1).
Decision of the Board of         Dismissal of the applicant's ap-
Appeal:                          peal
Pleas in law:                    Infringement of Article 7(1)(b)          Action brought on 20 May 2003 by Gianmarco Addi-
                                 and (c) and Article 7(2) of Reg-             mando and Others against the European Parliament
                                 ulation No 40/94 (1)
                                                                                                   (Case T-182/03)
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the
    Community trade mark (OJ 1994 L 11, p. 1).
                                                                                                   (2003/C 184/96)
                                                                                             (Language of the case: French)
Action brought on 19 May 2003 by CeWe Color AG &                          An action against the European Parliament was brought before
Co. OHG against the Office for Harmonisation in the                       the Court of First Instance of the European Communities on
          Internal Market (Trade Marks and Designs)                       20 May 2003 by Gianmarco Addimando, residing in Luxem-
                                                                          bourg, and 32 other officials, represented by G. Bounéou,
                         (Case T-179/03)                                  lawyer, with an address for service in Luxembourg.
                         (2003/C 184/95)
                                                                          The applicants claim that the Court should:
                   (Language of the case: German)
                                                                          —    annul the decision of the competent hierarchical authority
                                                                               changing, with effect from a year not further specified
An action against the Office for Harmonisation in the Internal                 (1993, 1996, 1997, or another year, and for the period
Market (Trade Marks and Designs) was brought before the                        during which the applicants were officials of the
Court of First Instance of the European Communities on                         European Parliament), the procedure for calculating the
19 May 2003 by CeWe Color AG & Co. OHG, Oldenburg                              annual expense of travelling to Greece in respect of the
(Germany), represented by Chr. Spintig, lawyer.                                journey via Brindisi, as taken into consideration for the
                                                                               destination of Athens;
The applicant claims that the Court should:
—     annul the decision of the Third Board of Appeal of the                   or, in the alternative,
      defendant of 12 March 2003 in Case R 638/2002-3;
                                                                          —    annul the decision of the competent hierarchical authority
—     order the defendant to pay the costs.                                    to reimburse, with effect from a year not further specified
                                                                               (1993, 1996, 1997, or another year, and for the period
Pleas in law and main arguments                                                during which the applicants were officials of the
                                                                               European Parliament), the cost of the sea passage from
Community       trade    mark    Word mark ‘DigiFilmMaker’, ap-                Brindisi to various Greek frontier points (Corfu, Igoume-
sought:                          plication no 2 467 017                        nitsa, Patras) on the basis of an ‘aircraft type seat’ ticket;
                                                                          —    annul all the applicants' pay slips implementing the
                                                                               decisions annulment of which is sought;
Goods or services:               Goods and services in Classes 9          —    reimburse to the applicants all the amounts not paid
                                 (storage media etc.) and 42                   following implementation of the decisions annulment of
                                 (creating photographs etc.)                   which is sought, together with legal interest;
 ---pagebreak--- C 184/44              EN                           Official Journal of the European Union                                           2.8.2003
—     make the appropriate ruling as to costs and order the                Action brought on 21 May 2003 by Metrovacesa SA
      Parliament to pay those costs.                                       against the Office for Harmonisation in the Internal
                                                                                    Market (Trade marks and Designs) (OHIM)
Pleas in law and main arguments
The applicants in this case seek the annulment of the Parlia-                                        (Case T-184/03)
ment's decision changing the method of calculating annual
travel expenses to Greece.
The pleas in law and main arguments put forward by the                                               (2003/C 184/98)
applicants in support of their application are similar to those
of the applicants in Cases T-221/02 (1) and T-44/03 (2).
                                                                                              (Language of the case: Spanish)
(1) OJ C 247, 12.10.02, p. 17.
(2) OJ C 101, 26.04.03, p. 40.
                                                                           An action against the Office for Harmonisation in the Internal
                                                                           Market (Trade Marks and Designs) (OHIM) was brought before
                                                                           the Court of First Instance of the European Communities on
Action brought on 26 May 2003 by Applied Molecular                         21 May 2003 by Metrovacesa SA, (Madrid), represented by José
Evolution, Inc. against the Office for Harmonisation in the                Antonio Calderón Chavero, lawyer at the Madrid Bar.
    Internal Market (Trade Marks and Designs) (OHIM)
                          (Case T-183/03)                                  The applicant claims that the Court should:
                          (2003/C 184/97)
                   (Language of the case: English)                         —     annul the decision of the First Board of Appeal of OHIM
                                                                                 of 10 March 2003 in Case R-183/2002;
An action against the Office for Harmonisation in the Internal
                                                                           —     dismiss in its entirety opposition procedure no B262.271;
Market (Trade Marks and Designs) (OHIM) was brought before
the Court of First Instance of the European Communities on
26 May 2003 by Applied Molecular Evolution, Inc., San Diego,               —     uphold the claims of the appellant and allow the relevant
USA, represented by Mr A. Deutsch, lawyer.                                       Opposition Division at OHIM to register the trade mark
The applicant claims that the Court should:                                      in question; and
—     Annul the decision of the Second Board of Appeal of the
      Office for Harmonisation in the Internal Market (Trade-              —     order OHIM and the other parties to pay the costs.
      marks and Designs) in the case R 108/2002-2 of
      13 March 2003.
—     Order the defendant to register the mark No 001586510
      ‘APPLIED MOLECULAR EVOLUTION’
—     Order the costs of the proceedings to be borne by the
      defendant                                                            Pleas in law and main arguments
Pleas in law and main arguments
                                                                           Applicant for Community          GESINAR S.L. (Assignee: the ap-
Applicant for Community          Applied    Molecular     Evolution,       trade mark:                      plicant)
trade mark:                      Inc
Community       trade    mark    Word mark ‘APPLIED MOLECU-
sought:                          LAR EVOLUTION’ for certain
                                 services in Class 42 (application         Community       trade    mark    Figurative mark ‘Gesinar’ — Ap-
                                 No 001586510)                             sought:                          plication no 1 202 027 for
                                                                                                            goods in Classes 35, 36 and
Examiner's decision:             Application refused                                                        41 (business management assis-
                                                                                                            tance, administration, brokerage,
Decision of the Board of         Appeal dismissed                                                           leasing, evaluation, appraisal
Appeal:                                                                                                     and development of all kinds
                                                                                                            of real estate; issue of tokens
Pleas in law:                    Misapplication of Article 7(1)                                             of value, educational and enter-
                                 (b) and (c), of Regulation 40/                                             tainment services)
                                 94 (1).
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the
    Community trade mark (OJ 11, p. 1).
                                                                           Proprietor of mark or sign       GESTIONES         ADMINISTRATI-
                                                                           cited in the opposition pro-     VAS Y SERVICIOS INMOBI-
                                                                           ceedings:                        LIARIOS MAR S.L.