CELEX: C2004/021/90
Language: en
Date: 2004-01-24 00:00:00
Title: Case T-389/03: Action brought on 24 November 2003 by Dainichiseika Colour & Chemicals Mfg. Co. Ltd. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

24.1.2004              EN                          Official Journal of the European Union                                            C 21/45
The applicant claims that the Court should:                                Court of First Instance of the European Communities on
                                                                           24 November 2003 by Dainichiseika Colour & Chemicals Mfg.
—     Annul the decision of the Fourth Board of Appeal of                  Co. Ltd., Tokyo (Japan), represented by J. Hofmann, lawyer.
      the Office for Harmonisation in the Internal Market                  Pelikan Vertriebsgesellschaft mbH & Co. KG was also a party
      (Trademarks and Designs) No $ 0707/2002-4;                           to the proceedings before the Board of Appeal.
—     Annul the decision of the Examination Division dated the
      21st June 2002
                                                                           The applicant claims that the Court should:
—     Remit Community trade mark application No 1 544 766
      to the Office so as to allow the said application to proceed         —     annul the decision of the Second Board of Appeal of
      to advertisement                                                           18 September 2003 (Case R 191/2002-2);
—     order the Office to pay the applicant’s costs incurred by
      the applicant in connection with this appeal and the                 —     reject the opposition in its entirety;
      appeal before the Board of Appeal and the prosecution
      before the Examination Division.                                     —     hold that the sign sought in Community trade mark
                                                                                 application No 1 005 826 may be registered as a
                                                                                 Community trade mark in respect of all the goods in
Pleas in law and main arguments                                                  Classes 1, 2 and 17 claimed in that application of
                                                                                 25 November 1998;
Applicant for Com-              Proteome, Inc.
munity trade mark:                                                         —     order the opponent to pay all the costs incurred by the
                                                                                 applicant in the opposition and appeal proceedings;
Community trade mark            Word mark ‘BIOKNOWLEDGE’
sought:                         for certain goods and services
                                in Classes 9 (databases etc.), 16          —     order the opponent to pay the costs of the present
                                (printed material etc concerning                 proceedings.
                                repositories of information relat-
                                ing to organisms) and 42 (infor-
                                mation and computer services
                                etc.) (application No 1544766).            Pleas in law and main arguments
Decision of the Examin-         Registration refused.
ation Division:                                                            Applicant for Com-            The applicant.
Decision of the Board of        Appeal rejected.                           munity trade mark:
Appeal:
                                                                           Community trade mark          Figurative mark for goods in
Pleas in law:                   Misapplication of Article 7(1) (b)         sought:                       Classes 1 (chemicals etc.), 2 (dye-
                                and (c) of Regulation 40/94 (1).                                         stuffs etc.) and 17 (plastics etc.) —
                                                                                                         Application No 1 005 826.
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the
    Community trade mark (OJ 11, p. 1).                                    Proprietor of mark or         Pelikan Vertriebsgesellschaft mbH
                                                                           sign cited in the oppo-       & Co. KG.
                                                                           sition proceedings:
                                                                           Mark or sign cited in         Community and national trade
                                                                           opposition:                   mark ‘Pelikan’.
Action brought on 24 November 2003 by Dainichiseika
Colour & Chemicals Mfg. Co. Ltd. against the Office for                    Decision of the Oppo-         Refusal of the application.
Harmonisation in the Internal Market (Trade Marks and                      sition Division:
                              Designs)
                                                                           Decision of the Board of      Dismissal      of  the    applicant’s
                         (Case T-389/03)                                   Appeal:                       appeal.
                          (2004/C 21/90)                                   Pleas in law:                 Infringement of Article 8(1)(b) of
                                                                                                         Regulation No 40/94 (1).
(Language of the case to be determined pursuant to Article 131(2)
of the Rules of Procedure language in which the application was
                        submitted: German)
                                                                           (1) Council Regulation (EC) No 40/94 of 20 December 1993 on the
                                                                               Community trade mark (OJ 1994 L 11, p. 1).
An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) was brought before the