CELEX: C2003/171/67
Language: en
Date: 2003-07-19 00:00:00
Title: Case T-171/03: Action brought on 19 May 2003 by New Look Limited against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

C 171/40                EN                          Official Journal of the European Union                                      19.7.2003
—      Has not given due weight to the applicant’s interest in              Pleas in law and main arguments
       receiving the requested documentation
                                                                            Applicant for Com-           The applicant.
                                                                            munity trade mark:
Moreover, the applicant doesn’t accept the Commission’s
contention that the Member States would have to be consulted
in relation to the submissions made by them in the minutes. It              Community trade mark         Figurative mark NLCollection —
is the applicant’s position that, in accordance with Article 4(4)           sought:                      Application No 1082809 for
of Regulation (EC) 1049/2001, a consultation with a Member                                               goods in Class 25 (articles of
State shall take place only when it is not clear whether a                                               clothing, footwear and headgear).
document shall or shall not be disclosed. Furthermore, the
final decision as to whether or not a document shall be released
                                                                            Proprietor of mark or        NAULOVER SA
remains with the Commission, and this must be reasoned and                  sign cited in the oppo-
clearly justified as falling within one of the exemptions                   sition proceedings:
provided for in the access regulation.
                                                                            Mark or sign cited in        Figurative mark NL (Community
                                                                            opposition:                  trade mark No 13417 and Span-
( 1) OJ L 291 of 6.12.1995, p. 40.
                                                                                                         ish trade mark No 1329084).
( 2) Regulation (EC) No 1049/2001 of the European Parliament and
     the Council of 30 May 2001 regarding public access to European
     Parliament, Council and Commission documents (OJ L 145 of              Decision of the Oppo-        Rejection of the opposition.
     31.5.2001, p. 43).                                                     sition Division:
                                                                            Decision of the Board of     Annulment of the decision of the
                                                                            Appeal:                      Opposition Division and accept-
                                                                                                         ance of the opposition with
                                                                                                         respect to Community trade mark
                                                                                                         No 13417.
                                                                            Pleas in law:                Misapplication of Article 8(1)(b)
Action brought on 19 May 2003 by New Look Limited                                                        of Regulation (EC) No 40/94 (like-
                                                                                                         lihood of confusion).
against the Office for Harmonisation in the Internal
           Market (Trade Marks and Designs) (OHIM)
                          (Case T-171/03)
                         (2003/C 171/67)
                    (Language of the case: Spanish)                         Action brought on 19 May 2003 by Anne Geddes against
                                                                                the Office for Harmonisation in the Internal Market
                                                                                                    (Case T-173/03)
An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM) was brought before
the Court of First Instance of the European Communities on                                          (2003/C 171/68)
19 May 2003 by New Look Limited, established in Weymouth,
Dorset (United Kingdom), represented by R. Ballester and
G. Marín, lawyers.                                                                            (Language of the case: English)
The applicant claims that the Court should:
—      annul the decision of OHIM (First Board of Appeal) of                An action against the Office for Harmonisation in the Internal
       15 April 2003 in Case No R 019/2003-1;                               Market was brought before the Court of First Instance of the
                                                                            European Communities on 19 May 2003 by Anne Geddes,
                                                                            Auckland, New Zealand, represented by Mr G. Farrington,
—      order OHIM and any intervener to pay the costs.                      Solicitor.