CELEX: C2003/171/59
Language: en
Date: 2003-07-19 00:00:00
Title: Case T-147/03: Action brought on 30 April 2003 by Devinlec Developpement Innovation Leclerc against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

19.7.2003              EN                          Official Journal of the European Union                                         C 171/35
The applicants assert, in particular, that there is no special tax         Pleas in law and main arguments
system applying specifically to agricultural cooperatives and
giving rise to certain tax obligations which the contested
measures are specifically intended to offset. However, the fact
that the measures do not consist in the grant ex novo of a tax             Applicant for Com-             T.I.M.E.ART      ULUSLARARASI
advantage but entail an exemption from obligations with                    munity trade mark:             SAAT TICARETI VE DI– TICAR-
which cooperatives have hitherto had to comply when selling                                               ET A.–.
fuel to third parties or members, an exemption which allows
them not to lose their pre-existing preferential tax treatment,
does not negate the existence of a new advantage within the
                                                                           Community trade mark           figurative mark QUANTUM —
meaning of Article 87(1) EC.
                                                                           sought:                        Application No 625 913 for
                                                                                                          goods in Class 14 (watches and
                                                                                                          jewellery)
( 1) OJ C 112, 10.5.2003, p. 43.
                                                                           Proprietor of mark or          the applicant
                                                                           sign cited in the oppo-
                                                                           sition proceedings:
                                                                           Mark or sign cited in          French figurative mark QUANTI-
                                                                           opposition:                    EME, No 1555274, registered for
Action brought on 30 April 2003 by Devinlec Developpe-                                                    goods in Classes 14 and 18
ment Innovation Leclerc against the Office for Harmonis-                                                  (including watches, clocks and
ation in the Internal Market (Trade Marks and Designs)                                                    watchstraps)
                              (OHIM)
                                                                           Decision of the Oppo-          Registration refused
                         (Case T-147/03)                                   sition Division:
                         (2003/C 171/59)                                   Decision of the Board of       annulment of the decision of the
                                                                           Appeal:                        Opposition Division and dis-
                                                                                                          missal of the opposition
                    (Language of the case: French)
                                                                           Pleas in law:                  Misapplication of Article 8(1)(b)
                                                                                                          of Regulation (EC) No 40/
An action against the Office for Harmonisation in the Internal                                            94 (1) (likelihood of confusion)
Market (Trade Marks and Designs) (OHIM) was brought before                                                and disregard for Rule 50 of the
the Court of First Instance of the European Communities on                                                Regulation (EC) No 2868/
30 April 2003 by Devinlec Developpement Innovation Leclerc,                                               95 (2) implementing the Com-
established in Toulouse (France), represented by Jean-Pierre                                              munity trade mark
Simon, lawyer.
T.I.M.E.ART ULUSLARARASI SAAT TICARETI VE DI– TICAR-
ET A.–. was also a party to the proceedings before the Board
of Appeal.
The applicant claims that the Court should:
                                                                           (1 ) Council Regulation (EC) No 40/94 of 20 December 1993 on the
—     annul the contested decision, delivered by the Third                      Community trade mark (OJ 1994 L 11, p. 1)
                                                                           (2 ) Commission Regulation (EC) No 2868/95 of 13 December
      Board of the defendant on 30 January 2003 in Case R
                                                                                1995 implementing Council Regulation (EC) No 40/94 on the
      109/2002-3, and the refusal to register the Community                     Community trade mark (OJ 1995 L 303, p. 1).
      figurative trade mark ‘QUANTUM’;
—     order the defendant to pay the costs and the applicant for
      the Community trade mark to pay the costs incurred in
      proceedings before the OHIM.