CELEX: C2003/264/65
Language: en
Date: 2003-11-01 00:00:00
Title: Case T-304/03: Action brought on 8 September 2003 by Bayer AG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

1.11.2003              EN                       Official Journal of the European Union                                         C 264/37
Pleas in law and main arguments                                         Pleas in law and main arguments
Community trade mark          The word mark ‘map&guide’ —               Applicant for Com-            The applicant in this casey
sought:                       application No 2089829                    munity trade mark:
Goods or services:            Goods and services in Classes 9,          Community trade mark          The word mark ‘NEXAVAR’ for
                              41 and 42 (computer software,             sought:                       goods in Class 5 (pharmaceutical
                              conducting training events for                                          and veterinary preparations, diag-
                              computer software and computer                                          nostic preparations for medicinal
                              programming)                                                            purposes)      —       Application
                                                                                                      No 1534213
Decision         contested    Refusal by the examiner to register
before the Board of           the mark in respect of ‘computer          Proprietor of mark or         Sanofi-Synthelabo           (Société
Appeal:                       software’ and ‘computer program-          sign cited in the oppo-       Anonyme)
                              ming’                                     sition proceedings:
Decision of the Board of      Dismissal of the appeal                   Mark or sign cited in         The national word mark ‘BESA-
Appeal:                                                                 opposition:                   VAR’ for goods in Class 5 (pharm-
                                                                                                      aceutical preparations)
Pleas in law:                 Infringement of Article 7(1)(b) of
                              Regulation (EC) No 40/94                  Decision of the Oppo-         Rejection of the opposition
                                                                        sition Division:
                                                                        Decision of the Board of      Annulment of the decision of the
                                                                        Appeal:                       Opposition Division and refusal
                                                                                                      of the application
                                                                        Pleas in law:                 There is no similarity between
                                                                                                      the marks which could lead to
Action brought on 8 September 2003 by Bayer AG                                                        confusion
against the Office for Harmonisation in the Internal
         Market (Trade Marks and Designs) (OHIM)
                         (Case T-304/03)
                         (2003/C 264/65)
                                                                        Action brought on 4 September 2003 by WHG Westdeut-
(Language of the case to be determined pursuant to Article 131(2)       sche Handelsgesellschaft mbH against the Office for
of the Rules of Procedure — language in which the application was       Harmonisation in the Internal Market (Trade marks and
                        submitted: German)                                                      Designs) (OHIM)
                                                                                                 (Case T-307/03)
An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM) was brought before                                       (2003/C 264/66)
the Court of First Instance of the European Communities on
8 September 2003 by Bayer AG, Leverkusen (Germany),                     (Language of the case to be determined pursuant to Article 131(2)
represented by M. Wolpert, lawyer. Sanofi-Synthelabo (Société           of the Rules of Procedure — language in which the application was
Anonyme), Paris, was also a party to the proceedings before                                     submitted: German)
the Board of Appeal.
The applicant claims that the Court should:
                                                                        An action against the Office for Harmonisation in the Internal
                                                                        Market (Trade Marks and Designs) (OHIM) was brought before
—     amend the decision of 4 June 2003 of the Fourth Board             the Court of First Instance of the European Communities on
      of Appeal of the Office for Harmonisation in the Internal         4 September 2003 by WHG Westdeutsche Handelsgesellschaft
      Market (Case R 452/2002-4) and reject the opposition;             mbH, represented by U. Schuster, lawyer. Kaufring AG,
                                                                        Düsseldorf (Germany) was also a party to the proceedings
—     order the defendant to pay the costs of the proceedings.          before the Board of Appeal.