CELEX: C2003/289/60
Language: en
Date: 2003-11-29 00:00:00
Title: Case T-325/03: Action brought on 23 September 2003 by E-Sim Limited against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

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.
 ---pagebreak--- 29.11.2003            EN                         Official Journal of the European Union                                         C 289/29
The applicant claims that the Court should:                              Pleas in law:                —     there is no likelihood of con-
                                                                                                            fusion between the marks
                                                                                                            within the meaning of
—     annul the decision of the Fourth Board of Appeal of the                                               Article 8(1)(b) of Regulation
      Office for Harmonisation in the Internal Market (Trade                                                No 40/94;
      Marks and Designs) of 18 June 2003 in Case R 281/
      2002-4;                                                                                         —     the marks are not similar.
—     in the alternative, in the event that the other party to
      the proceedings withdraws the opposition during the
      proceedings, declare the opposition procedure to be at an
      end;
—     further in the alternative, refer the case back to the
      defendant with the proviso that the opposition procedure
      be declared at an end in the light of the withdrawal of the        Action brought on 22 September 2003 by Hippocrate
      opposition;                                                        Vounakis against the Commission of the European Com-
                                                                                                    munities
—     order the defendant to pay the costs.
                                                                                                 (Case T-326/03)
                                                                                                 (2003/C 289/61)
Pleas in law and main arguments
                                                                                           (Language of the case: French)
Applicant for Com-            the applicant
munity trade mark:
                                                                         An action against the Commission of the European Communi-
Community trade mark          Word mark ‘E-SIM’ for goods and            ties was brought before the Court of First Instance of the
sought:                       services in Classes 9 and 42               European Communities on 22 September 2003 by Hippocrate
                              (including computer software for           Vounakis, residing in Wezembeek-Oppem (Belgium), rep-
                              use in the design, development,            resented by S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal,
                              prototyping, promotion and sup-            avocats, with an address for service in Luxembourg.
                              port of a wide variety of products,
                              systems, and devices and services
                              relating to the provision of web-
                                                                         The applicant claims that the Court should:
                              based electronic commerce) —
                              application no 1 387 661
                                                                         —     annul the Commission’s decision not to include his
                                                                               name on the list of promoted officials published in
Proprietor of mark or         Druckhaus Remstal-Bote GmbH                      Administrative Notices (AN) No 2002-69 of 14 August
sign cited in the oppo-                                                        2002;
sition proceedings:
                                                                         —     order the Commission to pay the costs.
Mark or sign cited in         German word mark ‘ASIM’ for
opposition:                   goods and services in Classes 9,
                              35, 41 and 42 (including data
                              processing programmes and
                              economic and technical advice
                                                                         Pleas in law and main arguments
                              and training)
Decision of the Oppo-         Refusal of the application                 The applicant alleges infringement of Article 45 of the Staff
sition division:                                                         Regulations, and manifest error of assessment.
Decision of the Board of      Dismissal of the applicant’s appeal
Appeal: