CELEX: C2000/135/29
Language: en
Date: 2000-05-13 00:00:00
Title: Case T-32/00: Action brought on 18 February 2000 by Messe München GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

13.5.2000             EN                     Official Journal of the European Communities                                        C 135/15
The applicant claims that the Court should:                             (2) order the reimbursement to the applicant of the OHIM
                                                                            appeal fee and order the OHIM to pay the costs of the
— annul the decision adopted on 25 November 1999 by the                     proceedings;
    Third Board of Appeal of the Office for Harmonisation in
    the Internal Market in the appeal proceedings registered            (3) in the alternative, order that the disclaimer ‘Alle vorge-
    under number R 75/1999-3;                                               nannten Waren/Dienstleistungen für eine in München
                                                                            stattfindende Messe’ (‘All the aforementioned goods/ser-
— order the defendant to pay the costs.                                     vices in relation to a trade fair held in Munich’) be annexed
                                                                            to the specification of goods/services.
Pleas in law and main arguments
                                                                        Pleas in law and main arguments
The trade mark con-           pictorial mark using the colours
cerned:                       white and red — application               The trade mark con-            the denominative and allegedly
                              No 840 132                                cerned:                        pictorial mark ‘electronica’ —
                                                                                                       application No 34587
Goods or service con-         Class 3, washing and dish-wash-
cerned:                       ing detergent                             Goods or service con-          goods and services in Classes 16,
                                                                        cerned:                        35 and 41 (including catalogues
                              Class 42, research in that field                                         relating to, and the organisation
                                                                                                       of, trade fairs in respect of build-
                                                                                                       ing components and construction
                                                                                                       groups in the electronics sector)
Decision contested be-        Refusal of registration by the
fore the Board of Ap-         examiner                                  Decision         contested     Refusal of registration by the
peal:                                                                   before the Board of Ap-        examiner
                                                                        peal:
Grounds of claim:             — Infringement of Article 7(1)(b)
                                  of Regulation (EC) No 40/94           Grounds of claim:              — incorrect        application    of
                              — Misuse of discretionary pow-                                               Article 7(1)(b) of Regulation
                                  ers                                                                      (EC) No 40/94
                                                                                                       — incorrect        application    of
                                                                                                           Article 7(1)(c) of Regulation
                                                                                                           (EC) No 40/94
Action brought on 18 February 2000 by Messe München
GmbH against the Office for Harmonisation in the
         Internal Market (Trade Marks and Designs)
                                                                        Action brought on 17 February 2000 by Natalia Martinez
                                                                        Páramo and Others against the Commission of the Euro-
                         (Case T-32/00)                                                        pean Communities
                        (2000/C 135/29)                                                          (Case T-33/00)
                                                                                                (2000/C 135/30)
                  (Language of the case: German)
An action against the Office for Harmonisation in the Internal                             (Language of the case: French)
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on
18 February 2000 by Messes München GmbH, of Munich                      An action against the Commission of the European Communi-
(Germany), represented by Markus Graf, Rechtsanwalt, of                 ties was brought before the Court of First Instance of the
Mitscherlich & Partner, Sonnenstrasse 33, Munich.                       European Communities on 17 February 2000 by Natalia
                                                                        Martı́nez Páramo, of Brussels, Anna Sodro, of Sterrebeek,
                                                                        Belgium, Inès Van Lierde, of Beersel, Belgium, Jean-Martial
The applicant claims that the Court should:                             Marenne, of Brussels, Ron Moys, of West Malling, the United
                                                                        Kingdom, and Michael Horgan, of Brussels, represented by Eric
(1) annul the decision adopted on 17 December 1999 by the               Boigelot, of the Brussels Bar, with an address for service in
    Second Board of Appeal of the Office for Harmonisation              Luxembourg at the Chambers of Louis Schiltz, 2 Rue du Fort
    in the Internal Market in appeal No R 177/1998-2;                   Rheinsheim.