CELEX: C2003/124/42
Language: en
Date: 2003-05-24 00:00:00
Title: Case T-67/03: Action brought on 27 February 2003 by Henkel KGaA against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

C 124/24              EN                          Official Journal of the European Union                                           24.5.2003
Action brought on 27 February 2003 by Henkel KGaA                         Decision of the Board of       Mr. Brutsaert’s appeal allowed in
against the Office for Harmonisation in the Internal                      Appeal:                        part. Application to register may
          Market (Trade Marks and Designs) (OHIM)                                                        proceed also in respect of the
                                                                                                         goods ‘cleaning, polishing, scour-
                                                                                                         ing and abrasive preparation’ in
                         (Case T-67/03)                                                                  Class 3. Mr. Brutsaert’s appeal
                                                                                                         dismissed for the remainder;
                                                                                                         Opponent’s appeal dismissed.
                        (2003/C 124/42)
                                                                          Pleas in law:                  —     misapplication of Arti-
                  (Language of the case: English)                                                              cle 43(2) and (3) of Regu-
                                                                                                               lation 40/94 (1). The appli-
                                                                                                               cant challenges the Board of
                                                                                                               Appeal’s findings in relation
An action against the Office for Harmonisation in the Internal                                                 to the issue of using and thus
Market (Trade Marks and Designs) (OHIM) was brought before                                                     maintaining entitlement to
the Court of First Instance of the European Communities on                                                     the national mark ‘CIDE’.
27 February 2003 by Henkel KgaA, Düsseldorf, Germany,
represented by Dr C. Osterrieth, lawyer, with an address for                                             —     misapplication of Arti-
service in Luxembourg. Koen Brutsaert was also a party to the                                                  cle 8(1)(b) of Regulation 40/
proceedings before the Board of Appeal.                                                                        94. The applicant challenges
                                                                                                               the Board of Appeal’s find-
                                                                                                               ings regarding the issue of
                                                                                                               similarity of goods.
The applicant claims that the Court should:
—     annul the decision of the First Board of Appeal of the
      OHIM of 17 December 2002 in the appeal proceedings                  (1 ) Council Regulation (EC) No 40/94 of 20 December 1993 on the
      No R 940/2001-1;                                                         Community trade mark (OJ 11, p. 1).
—     order the defendant to pay the costs.
Pleas in law and main arguments
Applicant for Com-            Koen Brutsaert
munity trade mark:
                                                                          Action brought on 26 February 2003 by Bernard Zaoui,
Community trade mark          Figurative mark ‘Professional               Lucien Zaoui and Déborah Stain, née Zaoui against the
sought:                       Hygiene CID lines’ for certain                       Commission of the European Communities
                              goods in Classes 1, 3 and 5 (appli-
                              cation No 506618)
                                                                                                     (Case T-73/03)
Proprietor of mark or         Henkel KGaA
sign cited in the oppo-
sition proceedings:                                                                                 (2003/C 124/43)
Mark or sign cited in         National marks ‘CIDE’ (for certain
opposition:                   goods in classes 1 and 5) and ‘CID’                            (Language of the case: French)
                              (in respect of certain goods in
                              Classes 1 and 3.
Decision of the Oppo-         Opposition upheld for part of the
sition Division:              contested goods, namely ‘bleach-
                              ing preparations and other sub-             An action against the Commission of the European Communi-
                              stances for laundry use; cleaning,          ties was brought before the Court of First Instance of the
                              polishing, scouring and abrasive            European Communities on 26 February 2003 by Bernard
                              preparation’ (Class 3). The appli-          Zaoui, residing in Combs-la-Ville (France), Lucien Zaoui,
                              cation for registration may pro-            residing in Netanya (Israel), and Déborah Stain, née Zaoui,
                              ceed for the remaining goods of             residing in Ramat Gan (Israel), represented by Jean Alex
                              the application.                            Buchinger, lawyer.