CELEX: C2003/264/48
Language: en
Date: 2003-11-01 00:00:00
Title: Case T-243/03: Action brought on 27 June 2003 by Guardant, Inc. against the Office for Harmonisation in the Internal Market

1.11.2003             EN                          Official Journal of the European Union                                          C 264/27
                                                       COURT OF FIRST INSTANCE
Action brought on 27 June 2003 by Guardant, Inc. against                  Grounds of claim:             —      The mark applied for is not
   the Office for Harmonisation in the Internal Market                                                         devoid of any distinctive
                                                                                                               character within the mean-
                                                                                                               ing of Article 7(1)(b) of
                        (Case T-243/03)                                                                        Regulation (EC) No 40/
                                                                                                               94 (1).
                        (2003/C 264/48)                                                                 —      The mark applied for is not
                                                                                                               the normal means of
                                                                                                               designating services in the
                                                                                                               field of transportation, stor-
                  (Language of the case: English)
                                                                                                               age and travel.
                                                                          (1) Council Regulation (EC) No 40/94 of 20.12.1993 on the Com-
                                                                              munity trade mark (OJ L 11, p. 1).
An action against the Office for Harmonisation in the Internal
Market was brought before the Court of First Instance of the
European Communities on 27 June 2003 by Guardant, Inc.,
Atlanta (USA), represented by G. Farrington, Solicitor.
The applicant claims that the Court should:
—     annul the decision of the Defendant’s Second Board of               Action brought on 21 July 2003 by ‘Z’ against the
      Appeal of 28 April 2003;                                                    Commission of the European Communities
—     order the Defendant to remit the application to its
      Examination Division for re-examination of Community                                        (Case T-259/03)
      Trade Mark number 1713213;
                                                                                                  (2003/C 264/49)
—     order the Defendant to pay the costs.
                                                                                             (Language of the case: Greek)
Pleas in law and main arguments
                                                                          An action against the Commission of the European Communi-
The trade mark con-          The word mark ‘PENSAMOS MÁS                  ties was brought before the Court of First Instance of the
cerned:                      EN USTED’ — application                      European Communities on 21 July 2003 by ‘Z’, resident in
                             No 1713213                                   Athens, Greece, represented by Vasilios Christianos, lawyer,
                                                                          with an address for service in Luxembourg.
Goods or service con-        Services in Class 39 (transpor-
cerned:                      tation, storage and travel services;
                             transportation of passengers and             The applicant claims that the Court should:
                             cargo, frequent flyer bonus pro-
                             grams)                                       —    order the defendant to pay to her by way of damages,
                                                                               with interest from the time at which the damage or
Decision        contested    Refusal of registration by the                    harm arose, the sum of EUR 900 000, comprising
before the Board of          examiner                                          EUR 700 000 for non-material damage which she has
Appeal:                                                                        suffered and EUR 200 000 for harm suffered to her
                                                                               health;
Decision of the Board of     Dismissal of the appeal
Appeal:                                                                   —    order the defendant to pay the applicant’s costs.