CELEX: C2003/289/59
Language: en
Date: 2003-11-29 00:00:00
Title: Case T-316/03: Action brought on 12 September 2003 by Münchener Rückversicherungs-Gesellschaft Aktiengesellschaft against the Office for Harmonisation in the Internal Market (Trade marks and Designs) (OHIM)

C 289/28              EN                          Official Journal of the European Union                                       29.11.2003
The applicant claims that the Court should:                               The applicant claims that the Court should:
—     annul the Decision of the defendant’s Second Board of               —     annul the Decision of the Fourth Board of Appeal of
      Appeal of 11 July 2003 in Case R 266/2002-1 in its                        26 June 2003 in Case R 337/2002-4 relating to Com-
      entirety;                                                                 munity trade mark application 1 708 973 ‘MunichFinan-
                                                                                cialServices’ (word mark);
—     order the defendant to pay the costs.
                                                                          —     order the defendant to pay the costs.
Pleas in law and main arguments
Community trade mark          Word mark ‘Rockbass’ — Appli-
                                                                          Pleas in law and main arguments
applied for:                  cation No 2401123
Goods or services:            Goods in Classes 9, 15 and 18               Community trade mark          Word mark ‘MunichFinancial-
                              (inter alia, technical sound equip-         sought:                       Services’     —        Application
                              ment, musical instruments and                                             No 1 708 973
                              containers)
Decision appealed to the      Examiner’s refusal to register              Goods or services:            Services in Classes 36 (financial
Board of Appeal:                                                                                        services)
Decision of the Board of      Dismissal of the appeal                     Decision appealed to the      Examiner’s refusal to register
Appeal:                                                                   Board of Appeal:
Pleas in law:                 —     infringement                 of       Decision of the Board of      Dismissal of appeal
                                    Article 7(1)(b) and (c) of
                                                                          Appeal:
                                    Regulation (EC) No 40/94;
                              —     infringement of the principle         Pleas in law:                 Infringement of Article 7(1)(c) of
                                    of examination of the facts                                         Regulation (EC) No 40/94
                                    by the Office of its own
                                    motion        pursuant       to
                                    Article 74(1)(1) of Regu-
                                    lation (EC) No 40/94;
                              —     infringement of essential
                                    procedural requirements.
                                                                          Action brought on 23 September 2003 by E-Sim Limited
                                                                          against the Office for Harmonisation in the Internal
                                                                                        Market (Trade Marks and Designs)
Action brought on 12 September 2003 by Münchener                                                   (Case T-325/03)
Rückversicherungs-Gesellschaft                 Aktiengesellschaft
against the Office for Harmonisation in the Internal
         Market (Trade marks and Designs) (OHIM)                                                   (2003/C 289/60)
                        (Case T-316/03)
                                                                          (Language of the case to be determined pursuant to Article 131(2)
                                                                          of the Rules of Procedure — Language in which the application was
                        (2003/C 289/59)                                                           submitted: German)
                  (Language of the case: German)
                                                                          An action against the Office for Harmonisation in the Internal
An action against the Office for Harmonisation in the Internal            Market (Trade Marks and Designs) was brought before the
Market (Trade Marks and Designs) (OHIM) was brought before                Court of First Instance of the European Communities on
the Court of First Instance of the European Communities                   23 September 2003 by E-Sim Limited, represented by Dr
on 12 September 2003 by Münchener Rückversicherungs-                      Andreas Ebert-Weidenfeller. Druckhaus Remstal-Bote GmbH,
Gesellschaft Aktiengesellschaft, represented by G. Würtenber-             Waiblingen (Germany) was also a party to the proceedings
ger and R. Kunze, lawyers.                                                before the Board of Appeal.