CELEX: C2003/146/72
Language: en
Date: 2003-06-21 00:00:00
Title: Case T-117/03: Action brought on 4 April 2003 by New Look Limited against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

C 146/40                EN                          Official Journal of the European Union                                          21.6.2003
With regard to this last point, the applicant states that the               Pleas in law and main arguments
right to be informed of the cause of the accusation against him
cannot be neutralised by the protection of public interest as
regards public security and international relations. Considering            Applicant for Com-           The applicant.
all the damages suffered by the applicant, the balance of                   munity trade mark:
interest is in his favour.
                                                                            Community trade mark         Figurative mark ‘NLSPORT’ —
                                                                            sought:                      Application No 816 512 for
( 1) Not published in the OJ yet.                                                                        goods within Classes 3, 14, 18
( 2) Council Decision of 28 October 2002 implementing Article 2(3)                                       and 25.
     of Regulation (EC) No 2580/2001 on specific restrictive measures
     directed against certain persons and entities with a view to
                                                                            Proprietor of mark or        Naulover S.A.
     combating terrorism and repealing Decision 2002/460/EC (OJ
     L 295 of 30.10.2001, p. 12).                                           sign cited in the oppo-
( 3) Council Regulation of 27 December 2001 on specific restrictive         sition proceedings:
     measures directed against certain persons and entities with a view
     to combating terrorism (OJ L 344 of 28.12.2001, p. 70).                Mark or sign cited in        Community            trade      mark
( 4) Regulation of the European Parliament and the Council of 30 May        opposition:                  No 13417, consisting in an N
     2001 regarding public access to European Parliament, Council
                                                                                                         superposed on an L, both in
     and Commission documents (OJ L 145 of 31.5.2001, p. 43).
                                                                                                         English characters.
                                                                            Decision of the Oppo-        Refusal of the opposition.
                                                                            sition Division:
                                                                            Decision of the Board of     Annulment of the decision of the
                                                                            Appeal:                      Opposition Division and accept-
                                                                                                         ance of the opposition.
Action brought on 4 April 2003 by New Look Limited                          Pleas in law:                Incorrect         application      of
against the Office for Harmonisation in the Internal                                                     Article 8(1)(b) of Regulation (EC)
           Market (Trade Marks and Designs) (OHIM)                                                       No 40/494 (likelihood of con-
                                                                                                         fusion).
                          (Case T-117/03)
                          (2003/C 146/72)
                    (Language of the case: Spanish)
                                                                            Action brought on 4 April 2003 by New Look Limited
                                                                            against the Office for Harmonisation in the Internal
                                                                                     Market (Trade Marks and Designs) (OHIM)
An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM) was brought before                                          (Case T-118/03)
the Court of First Instance of the European Communities on
4 April 2003 by New Look Limited, with its official address
in Weymouth (Dorset), United Kingdom, represented by                                                (2003/C 146/73)
R. Ballester and G. Marín, lawyers, of the firm Marks & Clerk.
                                                                                              (Language of the case: Spanish)
The applicant claims that the Court should:
—      Annul the decision of 27 January 2003 of the Second
       Board of Appeal of OHIM in Case No R95/2002-1, and                   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
—      Order the applicant, as well as any intervener, to pay the           4 April 2003 by New Look Limited, with its official address
       costs arising from the proceedings and from Case No 95/              in Weymouth (Dorset), United Kingdom, represented by
       2001-1 before the First Board of Appeal of OHIM.                     R. Ballester and G. Marín, lawyers, of the firm Marks & Clerk.