CELEX: C2001/259/26
Language: en
Date: 2001-09-15 00:00:00
Title: Removal from the Register of Case T-207/99

15.9.2001              EN                    Official Journal of the European Communities                                      C 259/15
the Court of First Instance of the European Communities on              Grounds of claim:             —     Contrary to what is stated in
9 July 2001 by Laboratorios R.T.B., S.L., whose registered                                                  the contested decision, the
office is in Barcelona (Spain), represented by Arturo Canela                                                trade marks of which the
Giménez.                                                                                                    applicant is the proprietor
                                                                                                            have been put to genuine use
                                                                                                            in the market, thus fulfilling
The applicant claims that the Court should:                                                                 the      requirements       of
                                                                                                            Article 56(3) of Regulation
                                                                                                            No 40/94 (1);
—     annul the decision of the First Board of Appeal of the
      Office for the Harmonization of the Internal Market                                             —     Contrary to what is stated in
      (OHIM) in Case 258/2000-1 on the ground that the                                                      the contested decision, there
      disputed Community trade mark number 56 739 GIOR-                                                     is likelihood of confusion
      GIO AIRE may not be registered pursuant to                                                            between the Community tra-
      Article 8(1)(b) of Regulation (EC) No 40/94;                                                          de mark and the trade marks
                                                                                                            of which the applicant is the
—     declare invalid that Community trade mark;                                                            proprietor, since the differ-
                                                                                                            ences between them to not
                                                                                                            allow the consumer to differ-
—     order the Office to pay the costs.                                                                    entiate between them.
                                                                        (1) Council Regulation (EC) No 40/94 of 20 December 1993 on the
                                                                            Community trade mark (OJ L 11, 1994, p. 1).
Pleas in law and main arguments
Applicant for the Com-        Giorgio Beverly Hills, Inc.                      Removal from the Register of Case T-207/99 (1)
munity trade mark:
                                                                                                 (2001/C 259/26)
Registered Community          Word mark ‘GIORGIO AIRE’ —
trade mark:                   Application No 56 739 for goods                             (Language of the case: Spanish)
                              in Class 3
                                                                        By order of 17 May 2001, the President of the Second
Proprietor of the right to    Applicant                                 Chamber of the Court of First Instance of the European
the trade mark or sign                                                  Communities has ordered the removal from the Register of
asserted in the invalidity                                              Case T-207/99, Asociación Profesional de Fruticultores del
proceedings:                                                            Jalón Medio v Commission of the European Communities.
Trade mark or sign            Spanish trade marks ‘J. GIORGI’,          (1) OJ C 333 of 14.2.00.
asserted in the invalidity    ‘MISS GIORGI’, ‘GIORGI LINE’,
proceedings:                  registered for goods in Class 3
                              and ‘AIR GIORGI’, registered for
                              goods in Class 5                                 Removal from the Register of Case T-67/01 R
Decision of the Cancel-       Application for declaration of                                     (2001/C 259/27)
lation Division:              invalidity of the trade mark
                              upheld                                                      (Language of the case: English)
Decision of the Board of      Annulment of the decision of the          By order of 10 May 2001, the President of the Chamber of the
Appeal:                       Cancellation Division and dis-            Court of First Instance of the European Communities has
                              missal of the application for dec-        ordered the removal from the Register of Case T-67/0 R, JCB
                              laration of invalidity                    Service v Commission of the European Communities.