CELEX: C2003/146/74
Language: en
Date: 2003-06-21 00:00:00
Title: Case T-119/03: Action brought on 4 April 2003 by New Look Limited against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

21.6.2003             EN                          Official Journal of the European Union                                         C 146/41
The applicant claims that the Court should:                               The applicant claims that the Court should:
—     Annul the decision of 27 January 2003 of the Second
      Board of Appeal of OHIM in Case R 577/2002-1, and
                                                                          —     Annul the decision of 27 January 2003 of the Second
—     Order the applicant, as well as any intervener, to pay the                Board of Appeal of OHIM in Case R 578/2002-1, and
      costs arising from the proceedings and from Case 577/
      2001-1 before the First Board of Appeal of OHIM.
                                                                          —     Order the applicant, as well as any intervener, to pay the
                                                                                costs arising from the proceedings and from Case 578/
Pleas in law and main arguments                                                 2001-1 before the First Board of Appeal of OHIM.
Applicant for Com-            The applicant.
munity trade mark:
Community trade mark          Figurative mark ‘NLJEANS’ —
sought:                       Application No 816.454 for
                              goods within Classes 3, 14, 18
                              and 25.                                     Pleas in law and main arguments
Proprietor of mark or         Naulover S.A.
sign cited in the oppo-
sition proceedings:                                                       Applicant for Com-           The applicant.
                                                                          munity trade mark:
Mark or sign cited in         Community figurative mark
opposition:                   No 13417, consisting in an N
                              superposed on an L, both in
                              English characters.                         Community trade mark         Figurative mark ‘NLACTIVE’ —
                                                                          sought:                      Application No 816.629 for
Decision of the Oppo-         Refusal of the opposition.                                               goods within Classes 3, 14, 18
sition Division:                                                                                       and 25.
Decision of the Board of      Annulment of the decision of the
Appeal:                       Opposition Division and accept-
                                                                          Proprietor of mark or        Naulover S.A.
                              ance of the opposition.
                                                                          sign cited in the oppo-
Pleas in law:                 Incorrect       application       of        sition proceedings:
                              Article 8(1)(b) of Regulation (EC)
                              No 40/494 (likelihood of con-
                              fusion).                                    Mark or sign cited in        Community          trade      mark
                                                                          opposition:                  No 13417, consisting in an N
                                                                                                       superposed on an L, both in
                                                                                                       English characters.
                                                                          Decision of the Oppo-        Refusal of the opposition.
Action brought on 4 April 2003 by New Look Limited                        sition Division:
against the Office for Harmonisation in the Internal
          Market (Trade Marks and Designs) (OHIM)
                                                                          Decision of the Board of     Annulment of the decision of the
                        (Case T-119/03)
                                                                          Appeal:                      Opposition Division and accept-
                                                                                                       ance of the opposition.
                        (2003/C 146/74)
                  (Language of the case: Spanish)                         Pleas in law:                Incorrect       application      of
                                                                                                       Article 8(1)(b) of Regulation (EC)
                                                                                                       No 40/494 (likelihood of con-
                                                                                                       fusion).
An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM) was brought before
the Court of First Instance of the European Communities on
4 April 2003 by New Look Limited, with its official address
in Weymouth (Dorset), United Kingdom, represented by
R. Ballester and G. Marín, lawyers, of the firm Marks & Clerk.