CELEX: C2003/251/36
Language: en
Date: 2003-10-18 00:00:00
Title: Case T-288/03: Action brought on 13 August 2003 by TeleTech Holdings, Inc. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

18.10.2003           EN                        Official Journal of the European Union                                         C 251/19
The applicant claims that the Court should:                           Action brought on 13 August 2003 by TeleTech Holdings,
                                                                      Inc. against the Office for Harmonisation in the Internal
                                                                               Market (Trade Marks and Designs) (OHIM)
—     annul the decision of the Fourth Board of Appeal of
      the Office for Harmonisation in the Internal Market
                                                                                               (Case T-288/03)
      (Trade Marks and Designs) of 17 April 2003 in Case
      No R 221/2002-4;
                                                                                               (2003/C 251/36)
—     order the defendant Office to pay the costs of the pro-                            (Language of the case: Spanish)
      ceedings.
                                                                      An action against the Office for Harmonisation in the Internal
Pleas in law and main arguments                                       Market (Trade Marks and Designs) (OHIM) was brought before
                                                                      the Court of First Instance of the European Communities on
                                                                      13 August 2003 by TeleTech Holdings, Inc., established in
Applicant for Com-          The applicant                             Denver, Colorado, (USA), represented by E. Armijo Chávarri
munity trade mark:                                                    and A. Castán Pérez-Gómez, lawyers.
Community trade mark        Figurative mark ‘XTREME RIGHT             The applicant claims that the Court should:
sought:                     GUARD SPORT’ in respect of
                            goods in Class 3 (non-medicated           —     annul the decision of the First Board of Appeal of OHIM
                            preparations for use in the bath                of 28 May 2003 in Case R-412/2000-1 and, subject to
                            or     shower;    anti-perspirants;             the appropriate procedural steps, give judgment uphold-
                            deodorants; all included in                     ing either the applicant's principal claim or its alternative
                            Class      3)    —      application             claim.
                            No 1486745
Proprietor of mark or       Wilkinson Sword GmbH                      Pleas in law and main arguments
sign cited in the opposi-
tion proceedings:
                                                                      Community trade mark           Word mark ‘TELETECH GLOBAL
                                                                      in respect of which            VENTURES’ — Registered trade
Mark or sign cited in       The German figurative marks               declaration of invalidity      mark No 134.908, for products
opposition:                 ‘WILKINSON SWORD EXTREME’                 sought:                        in Classes 35 and 38.
                            (Nos 399 23 715 and 399 45 175)
                            in respect of goods in Class 3
                            (shaving cosmetics)                       Owner of the Com-              The applicant.
                                                                      munity trade mark in
                                                                      respect      of      which
Decision        of    the   Rejection of the opposition               declaration of invalidity
Opposition Division:                                                  sought:
Decision of the Board of    Annulment of the decision of the          Person applying for a          Teletech International S.A. (owner
Appeal:                     Opposition Division and refusal           declaration of invalidity:     of the national word mark
                            of the applicant's application for                                       ‘TELETECH INTERNATIONAL’),
                            registration                                                             in respect of certain goods within
                                                                                                     Class 35 (business management
Pleas in law:               —     Infringement of Article 8(1)                                       for technical services, customer
                                  (b) of Regulation (EC)                                             relations and call centres) and
                                  No 40/94;                                                          Class 38 (telecommunications
                                                                                                     services).
                            —     No likelihood of confusion;         Decision        of      the    Application upheld in part
                                                                      Cancellation Division:
                            —     No similarity between the
                                  opposing marks.                     Decision of the Board of       Appeal upheld, solely in so far as
                                                                      Appeal:                        the contested decision declared
                                                                                                     the Community mark in issue
                                                                                                     invalid in respect of ‘business
                                                                                                     management assistance services
                                                                                                     consisting of facilities manage-
                                                                                                     ment and site selection services’.
 ---pagebreak--- C 251/20             EN                         Official Journal of the European Union                                        18.10.2003
Pleas in law:                —     Breach of the principles of           —     annul the belated express rejection by the appointing
                                   the        coexistence       of             authority on 11 June 2003 of the applicant's administra-
                                   Community marks and                         tive appeal;
                                   national marks and signs
                                   and of the applicant's rights
                                   of defence.
                             —     In the alternative, infringe-
                                   ment of Article 8(1)(b) of
                                   Regulation (EC) No 40/94.             —     order the Commission to pay all the costs.
                                                                         Pleas in law and main arguments
                                                                         The applicant was a candidate in General Competition COM/
                                                                         A/6/01 to constitute a reserve for the recruitment of adminis-
                                                                         trators in the fields of external relations and management of
Action brought on 21 August 2003 by Carla Giulietti                      aid to non-member countries. The notice of competition con-
    against Commission of the European Communities                       tained the requirement of professional experience at a level
                                                                         commensurate with that of the duties described, for a mini-
                       (Case T-293/03)                                   mum period of three years. However, it was stated that officials
                                                                         and other servants of the European Communities were not
                       (2003/C 251/37)                                   required to have the abovementioned professional experience
                                                                         if they had served in category B for at least three years and had
                  (Language of the case: French)                         successfully completed a university course.
An action against the Commission of the European
Communities was brought before the Court of First Instance               Upon submitting her candidature, the applicant submitted as
of the European Communities on 21 August 2003 by Carla                   evidence of her professional experience the fact that she had
                                                                         served for more than three years as President of the
Giulietti, residing in Brussels, represented by P.-P. van
Gehuchten and J. Sambon, lawyers, with an address for service            Management Board of the Foundation ‘Eau pour le Sahel’. By
in Luxembourg.                                                           the contested decision, the Selection Board excluded her on the
                                                                         ground that she did not have the professional experience
                                                                         required.
The applicant claims that the Court should:
                                                                         In support of her action, the applicant claims that the clause
                                                                         relating to professional experience infringed the principle of
                                                                         equality owing to the fact that such experience is required only
—    annul the decision taken by the Selection Board in com-             for external candidates, while it is not a requirement for can-
     petition COM/A/6/01 to exclude the applicant on the                 didates who are already officials or other servants of the
     ground of lack of professional experience, that decision            European Communities. She also alleges infringement of the
     being contained in the letter from DG ADMIN to the                  principle of legality and a manifest error of assessment in the
     applicant dated 16 October 2002;                                    application by the Selection Board of the clause relating to
                                                                         professional experience.
—    annul the confirmative decision of 21 November 2002;