CELEX: C2001/150/57
Language: en
Date: 2001-05-19 00:00:00
Title: Order of the Court of First Instance of 8 February 2001 in Case T-240/00: Lars Bo Rasmussen v Commission of the European Communities (Action for annulment — Inadmissibility — Claim for damages — Manifestly inadmissible)

19.5.2001              EN                       Official Journal of the European Communities                                         C 150/29
      ORDER OF THE COURT OF FIRST INSTANCE                                 —     for the rest, reverse the decision;
                       of 8 February 2001
                                                                           —     find that ENANTYUM should be refused registration as a
in Case T-240/00: Lars Bo Rasmussen v Commission of                              Community trade mark;
                the European Communities (1)
                                                                           —     order Laboratorios Menarini to pay the costs.
(Action for annulment — Inadmissibility — Claim for
             damages — Manifestly inadmissible)
                         (2001/C 150/57)                                   Pleas in law and main arguments
                  (Language of the case: French)
                                                                           Applicant for the Com-          Laboratorios Menarini, S.A.
In Case T-240/00: Lars Bo Rasmussen, official at the Com-                  munity trade mark:
mission of the European Communities, residing in Dalheim
(Luxembourg), represented by M. Karp and J. Choucroun,                     Trade mark:                     Word mark ‘ENANTYUM’ —
avocats, with an address for service in Luxembourg, against                                                application no. 14720.
the Commission of the European Communities (Agents:
C. Berardis-Kayser and D. Martin) — application for the                    Goods or services:              Certain goods and services in class
annulment of the decision taken by the Commission in                                                       5 (including anti-inflammatory
compliance with the judgment of the Court of First Instance                                                non-steroid painkillers).
of 14 April 1999 T-50/98 Rasmussen v Commission [1999]
ECR-SC I-A-63 and II-319 and a claim for damages — the
Court of First Instance (Second Chamber), composed of                      Trade marks raised in           (Decision of 15 December 2000
A.W.H. Meij, President, A. Potocki and J. Pirrung, Judges;                 the opposition proceed-         in the proceedings in Case R-
H. Jung, Registrar, made an order on 8 February 2001, the                  ings:                           222/1999-2)
operative part of which is as follows:
                                                                                                           French word mark ‘ENANTONE’
1.   The application is dismissed as inadmissible;                                                         and Finnish, Swedish and Danish
                                                                                                           word mark ‘ENANTON’ for phar-
2.   Each of the parties shall bear its own costs.                                                         maceutical products in class 5.
(1) OJ C 302 of 21.10.00.
                                                                           Owner of the opposing           The applicant.
                                                                           marks:
                                                                           Decision         contested      Refusal of the application for
                                                                           before the Board of             registration.
Action brought on 19 February 2001 by Takeda Chemical
                                                                           Appeal:
Industries Ltd. against the Office for Harmonisation in
       the Internal Market (Trade Marks and Designs)
                                                                           Decision of the Board of        Annulment of the decision of the
                          (Case T-37/01)                                   Appeal:                         Opposition Division and dis-
                                                                                                           missal of the opposition.
                         (2001/C 150/58)
                                                                           Pleas in law relied on:         Misconstruction of Article 43(2)
                                                                                                           of the Community Trade Mark
                  (Language of the case: French)                                                           Regulation (1) — Absence of any
                                                                                                           request to provide evidence of use
An action against the Office for Harmonisation in the Internal                                             of the marks — Similarity of the
Market (Trade Marks and Designs) was brought before the                                                    goods — Likelihood of confusion.
Court of First Instance of the European Communities on
19 February 2001 by Takeda Chemical Industries Ltd. of
Osaka, Japan, represented by Thierry Mollet-Vieville, Avocat,
with an address for service in Luxembourg.                                 (1) Council Regulation (EC) No 40/94 fo 20 December 1993 on the
                                                                               Community trade mark (OJ L 11, p. 1).
The applicant claims that the Court should:
—    confirm the decision of the Second Board of Appeal
     holding the signs ENANTYUM, ENANTONE and ENTAN-
     TON to be similar;