CELEX: C2004/085/53
Language: en
Date: 2004-04-03 00:00:00
Title: Case T-336/03: Action brought on 1 October 2003 by Les Éditions Albert René S. à r.l. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

3.4.2004               EN                         Official Journal of the European Union                                           C 85/27
2.    The applicant shall bear its own costs and those of the             Decision of the Oppo-         rejection of the opposition
      Commission.                                                         sition Division:
                                                                          Decision of the Board of      partial rejection of the application
(1) OJ C 31, 8.2.2003.                                                    Appeal:                       in respect of goods and services in
                                                                                                        Classes 9 and 35. For the rest,
                                                                                                        dismissal of the appeal lodged by
                                                                                                        the applicant
                                                                          Grounds of claim:             —     The trade mark opposed is a
                                                                                                              well-known mark;
Action brought on 1 October 2003 by Les Éditions Albert
René S. à r.l. against the Office for Harmonisation in the                                              —     The trade mark opposed is
         Internal Market (Trade Marks and Designs)                                                            also       protected   against
                                                                                                              exploitation outside the area
                                                                                                              of similarity in respect of
                         (Case T-336/03)                                                                      goods and services;
                          (2004/C 85/53)                                                                —     There is a significant simi-
                                                                                                              larity between the marks.
(Language of the case: to be determined pursuant to Article 131(2)
of the Rules of Procedure — Language in which the application has
                       been drafted: German)
An action against the Office for Harmonisation in the Internal            Action brought on 13 January 2004 by Luigi Marcuccio
Market (Trade Marks and Designs) was brought before the                     against the Commission of the European Communities
Court of First Instance of the European Communities on
1 October 2003 by Les Éditions Albert René S. à r.l., of Paris,
represented by J. Pagenberg, avocat. A further party to the                                        (Case T-9/04)
proceedings before the Board of Appeal was Orange A/S, of
Copenhagen.                                                                                       (2004/C 85/54)
The applicant claims that the Court should:                                                  (Language of the case: Italian)
—     annul the decision adopted on 14 July 2003 by the
      Fourth Board of Appeal of the Office for Harmonisation
      in the Internal Market (Trade Marks and Designs) in Case            An action against the Commission of the European Communi-
      No R 559/2002-4;                                                    ties was brought before the Court of First Instance of the
                                                                          European Communities on 13 January 2004 by Luigi Marcuc-
—     order the Office to pay the costs.                                  cio, represented by Alessandro Distanto, avvocato.
                                                                          The applicant claims that the Court should:
Pleas in law and main arguments
                                                                          —     Annul the decision of the Appointing Authority rejecting
Applicant for the Com-         Orange A/S                                       his request;
munity trade mark:
                                                                          —     Declare that on 29 October 2001, the applicant, then in
The Community trade            the verbal mark ‘MOBILIX’ for                    the service of the Angola Delegation, was the victim of
mark applied for:              goods and services in Classes 9,                 an accident at work, which occurred therein;
                               16, 35, 37, 38 and 42 — Appli-
                               cation No 671 396                          —     Order the Commission to pay the costs.
Proprietor of the trade-       the applicant
mark right opposed in
the opposition proceed-                                                   Pleas in law and main arguments
ings:
Trade-mark right               the national verbal and Com-               The applicant takes issue with the defendant’s refusal to treat
opposed:                       munity mark ‘OBELIX’ for goods             as an accident at work, with the consequential benefits
                               and services in, inter alia, Class-        provided for in the Staff Regulations in relation to insurance
                               es 9, 16, 28, 35, 41 and 42                against risks of occupational accidents and diseases, the