CELEX: C2003/213/59
Language: en
Date: 2003-09-06 00:00:00
Title: Judgment of the Court of First Instance of 3 July 2003 in Case T-129/01: José Alejandro, SL v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition procedure — Earlier national word marks BUD — Application for Community word mark BUDMEN — Relative ground for refusal — Article 8(1)(b) of Regulation No 40/94)

6.9.2003                EN                         Official Journal of the European Union                                         C 213/31
2.     Orders the applicant to pay the costs.                              2.     Orders the applicant to pay the costs.
                                                                           (1 ) OJ C 245 of 1.9.2001.
( 1) OJ C 227 of 11.8.2001.
                                                                                JUDGMENT OF THE COURT OF FIRST INSTANCE
     JUDGMENT OF THE COURT OF FIRST INSTANCE                                                          of 9 July 2003
                                                                           in Case T-156/01: Laboratorios RTB, SL v Office for
                           of 3 July 2003                                  Harmonisation in the Internal Market (Trade Marks and
                                                                                                   Designs) (OHIM) ( 1)
in Case T-129/01: José Alejandro, SL v Office for Harmon-
isation in the Internal Market (Trade Marks and Designs)                   (Community trade mark — Invalidity proceedings —
                              (OHIM) (1)                                   Article 52(1)(a) of Regulation (EC) No 40/94 — Earlier
                                                                           figurative and word marks containing the word GIORGI —
                                                                           Application for Community word mark GIORGIO AIRE —
                                                                           Relative ground for refusal — Article 8(1)(b) of Regulation
(Community trade mark — Opposition procedure — Earlier                     No 40/94 — Proof of use — Article 56(2) and (3) of
national word marks BUD — Application for Community                                               Regulation No 40/94)
word mark BUDMEN — Relative ground for refusal —
            Article 8(1)(b) of Regulation No 40/94)
                                                                                                     (2003/C 213/60)
                          (2003/C 213/59)                                                     (Language of the case: Spanish)
                   (Language of the case: Spanish)
                                                                           In Case T-156/01, Laboratorios RTB, SL, established in Bigues
                                                                           i Riells (Spain), represented by A. Canela Giménez, lawyer, v
                                                                           Office for Harmonisation in the Internal Market (Trade Marks
                                                                           and Designs) (OHIM) (Agents: O. Montalto and J.F. Crespo
In Case T-129/01, José Alejandro SL, established in Alicante               Carrillo): Action brought against the decision of the First Board
(Spain), represented by I. Temiño Ceniceros, lawyer, v Office              of Appeal of the Office for Harmonisation in the Internal
for Harmonisation in the Internal Market (Trade Marks and                  Market (Trade Marks and Designs) of 11 April 2001 (Case
Designs) (OHIM) (Agents: F. López de Rego and J.F. Crespo                  R 258/2000-1), the Court of First Instance (Fourth Chamber),
Carrillo); Intervener, Anheuser-Busch Inc., established in Saint           composed of: V. Tiili, President, P. Mengozzi, and M. Vilaras,
Louis, Missouri (United States), represented by V. von                     Judges; B. Pastor, Deputy Registrar, has given a judgment on
Bomhard, lawyer: Action brought against the decision of the                9 July 2003, in which it:
First Board of Appeal of the Office for Harmonisation in the
Internal Market (Trade Marks and Designs) of 20 March 2001
(Case R 230/2000-1), concerning an opposition procedure                    1.     Dismisses the application;
between Anheuser-Busch Inc. and José Alejandro SL, the
Court of First Instance (Second Chamber), composed of:                     2.     Orders the applicant to pay the costs.
N.J. Forwood, President, J. Pirrung and A.W.H. Meij, Judges;
J. Palacio González, Principal Administrator, for the Registrar,
has given a judgment on 3 July 2003, in which it:
                                                                           (1 ) OJ C 259 of 15.9.2001.
1.     Dismisses the action;