CELEX: C2003/019/80
Language: en
Date: 2003-01-25 00:00:00
Title: Case T-359/02: Action brought on 3 December 2002 by Chum Limited against the Office for Harmonisation in the Internal Market

25.1.2003             EN                      Official Journal of the European Communities                                         C 19/43
Pleas in law and main arguments                                          European Communities on 3 December 2002 by Chum
                                                                         Limited, Toronto (Canada), represented by Michael Gilbert,
                                                                         Solicitor. A further party to the proceedings before the Board
Applicant for the Com-        Creative Technology Limited.
                                                                         of Appeal was Star TV AG, Schlieren (Switzerland).
munity trade mark:
The Community trade           the community trade mark appli-
mark concerned:               cation No 673327 for the word              The applicant claims that the Court should:
                              mark ‘PC WORKS’ for goods in
                              class 9 (apparatus for recording,
                                                                         —     set aside the Decision of the Second Board of Appeal of
                              transmitting and reproducing                     OHIM, dated 17th September, 2002 in Appeal No.
                              sound or images, loudspeakers, a.
                                                                               R1140/2000-2,
                              o.).
Proprietor of the right to    Mr José Vila Ortiz.                        —     order that the Community Trade Mark application No.
the trade mark or sign                                                         890145 be registered for the services in Class 38 and
asserted by way of oppo-                                                       Class 41,
sition in the opposition
proceedings:                                                             —     order that costs be awarded to the Applicant in this
                                                                               Appeal, in Appeal No. R1140/2000-2 and in Opposition
Trade mark or sign            the Spanish figurative mark ‘W                   No. 184525.
asserted by way of oppo-      WORK PRO’, registered under
sition in the opposition      No 1925320, in relation to goods
proceedings:                  in class 9 (sound electronical
                              equipments, loudspeakers, sound
                              reproducing apparatus, a. o.).             Pleas in law and main arguments
Decision of the Oppo-         Rejection of the Community trade
sition Division:              mark application.                          Applicant for the Com-        Chum Limited
                                                                         munity Trade-mark:
Decision of the Board of      Dismissal of the appeal brought
Appeal:                       by Creative Technology Limited.
                                                                         The Community trade-          Word mark ‘STAR TV’ — appli-
Grounds of claim:             the applicant submits that undue           mark concerned:               cation No 890145, relating to
                              weight was given to the common                                           goods in classes 38 and 41.
                              element ‘Work’ in both marks
                              and insufficient consideration was         Proprietor of the right to    Star TV AG
                              given to the fact that the goods in        the trade mark or sign
                              question are only bought after             asserted by way of oppo-
                              careful examination of the fea-            sition in the opposition
                              tures of the goods, thus reducing          proceedings:
                              the likelihood of confusion
                              amongst the relevant public.               Trade-mark or sign            Figurative trade-mark composed
                                                                         asserted by way of oppo-      of the words ‘STAR TV’ superpos-
                                                                         sition in the opposition      ing a big black and white star,
                                                                         procedings:                   accompanied by 3 smaller stars
                                                                                                       and a small moon (international
                                                                                                       registration No 638769, covering
                                                                                                       Austria, Germany, the Benelux,
                                                                                                       France and Italy), relating to goods
Action brought on 3 December 2002 by Chum Limited
                                                                                                       in classes 38 and 41.
against the Office for Harmonisation in the Internal
                             Market
                                                                         Decision of the Oppo-         Rejection of the Community Tra-
                                                                         sition Division:              de-mark.
                        (Case T-359/02)
                                                                         Decision of the Board of      Refusal of the Appeal.
                         (2003/C 19/80)                                  Appeal:
                  (Language of the case: English)                        Grounds of the claim:         Incorrect application of Article
                                                                                                       8(1)(b) of Regulation (EC) No 40/
                                                                                                       94.
An action against the Office for Harmonisation in the Internal
Market was brought before the Court of First Instance of the