CELEX: C2001/150/59
Language: en
Date: 2001-05-19 00:00:00
Title: Case T-39/01: Action brought on 20 February 2001 by Kabushiki Kaisha Fernandes against the Office for Harmonization in the Internal Market

C 150/30              EN                     Official Journal of the European Communities                                     19.5.2001
Action brought on 20 February 2001 by Kabushiki Kaisha                  Decision of the Board of      Dismissal of the appeal.
Fernandes against the Office for Harmonization in the                   Appeal:
                        Internal Market
                                                                        Grounds of claim:             Infringement of article 8(1)(b) of
                                                                                                      Council Regulation 40/94 (1) or
                         (Case T-39/01)                                                               alternatively, infringement of a
                                                                                                      rule of law relating to the appli-
                                                                                                      cation of the Regulation — proof
                        (2001/C 150/59)                                                               of genuine use in the relevant
                                                                                                      Member States pursuant to
                                                                                                      article 43(3) of the Regulation.
                  (Language of the case: English)
                                                                        (1) Council Regulation (EC) No 40/94 of 20 December 1993 on the
                                                                            Community trade mark (OJ L 11, p. 1)
An action against the Office for Harmonization in the Internal
Market was brought before the Court of First Instance of the
European Communities on 20 February 2001 by Kabushiki
Kaisha Fernandes, Tokyo, Japan, represented by Richard
Hacon, Nicholas Phillips and Ian Wood of Rowe & Maw,
London. A further party to the proceedings before the Board
of Appeal was Richard John Harrison, Doncaster, United
Kingdom.
The applicant claims that the Court should:                             Action brought on 21 February 2001 by Scan Office
                                                                        Design S.A. against Commission of the European Com-
                                                                                                     munities
—     annul the decision of the First Board of Appeal of the
      Office for Harmonisation in the Internal Market dated
      4 December 2000 (Appeal No. R 0116/2000-1)                                                  (Case T-40/01)
—     order the Office to refuse the application to register the
      Community trade mark                                                                       (2001/C 150/60)
—     make an order for the applicant’s costs.
                                                                                           (Language of the case: French)
Pleas in law and main arguments                                         An action against the Commission of the European Communi-
                                                                        ties was brought before the Court of First Instance of the
                                                                        European Communities on 21 February 2001 by Scan Office
                                                                        Design S.A. of Brussels, represented by Benoît Mertens and
Applicant for the Com-       Richard John Harrison.
                                                                        Christophe Steyaert, Avocats.
munity trade mark:
The Community trade          Word mark ‘HIWATT’ for certain             The applicant claims that the Court should:
mark concerned:              goods in Class 9.
                                                                        —     order the European Commission to pay the applicant
Proprietor of the right to   The applicant.                                   EUR 118 651 150;
the trade mark or sign
asserted by way of oppo-
sition in the opposition                                                —     order the Commission to pay the costs.
proceedings:
Trade mark or sign           German, French and Italian word            Pleas in law and main arguments
asserted by way of oppo-     marks ‘HIWATT’, registered in
sition in the opposition     respect of certain goods in Class
proceedings:                 9.                                         The Commission issued invitation to tender no. 96/31/IX/C1
                                                                        (hierarchical office furniture — OJ S 164 of 27 August 1996)
Decision of the Oppo-        Rejection of the opposition.               pursuant to which the applicant filed a tender which was
sition Division:                                                        rejected by the Commission.