CELEX: C2003/289/61
Language: en
Date: 2003-11-29 00:00:00
Title: Case T-326/03: Action brought on 22 September 2003 by Hippocrate Vounakis against the Commission of the European Communities

29.11.2003            EN                         Official Journal of the European Union                                         C 289/29
The applicant claims that the Court should:                              Pleas in law:                —     there is no likelihood of con-
                                                                                                            fusion between the marks
                                                                                                            within the meaning of
—     annul the decision of the Fourth Board of Appeal of the                                               Article 8(1)(b) of Regulation
      Office for Harmonisation in the Internal Market (Trade                                                No 40/94;
      Marks and Designs) of 18 June 2003 in Case R 281/
      2002-4;                                                                                         —     the marks are not similar.
—     in the alternative, in the event that the other party to
      the proceedings withdraws the opposition during the
      proceedings, declare the opposition procedure to be at an
      end;
—     further in the alternative, refer the case back to the
      defendant with the proviso that the opposition procedure
      be declared at an end in the light of the withdrawal of the        Action brought on 22 September 2003 by Hippocrate
      opposition;                                                        Vounakis against the Commission of the European Com-
                                                                                                    munities
—     order the defendant to pay the costs.
                                                                                                 (Case T-326/03)
                                                                                                 (2003/C 289/61)
Pleas in law and main arguments
                                                                                           (Language of the case: French)
Applicant for Com-            the applicant
munity trade mark:
                                                                         An action against the Commission of the European Communi-
Community trade mark          Word mark ‘E-SIM’ for goods and            ties was brought before the Court of First Instance of the
sought:                       services in Classes 9 and 42               European Communities on 22 September 2003 by Hippocrate
                              (including computer software for           Vounakis, residing in Wezembeek-Oppem (Belgium), rep-
                              use in the design, development,            resented by S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal,
                              prototyping, promotion and sup-            avocats, with an address for service in Luxembourg.
                              port of a wide variety of products,
                              systems, and devices and services
                              relating to the provision of web-
                                                                         The applicant claims that the Court should:
                              based electronic commerce) —
                              application no 1 387 661
                                                                         —     annul the Commission’s decision not to include his
                                                                               name on the list of promoted officials published in
Proprietor of mark or         Druckhaus Remstal-Bote GmbH                      Administrative Notices (AN) No 2002-69 of 14 August
sign cited in the oppo-                                                        2002;
sition proceedings:
                                                                         —     order the Commission to pay the costs.
Mark or sign cited in         German word mark ‘ASIM’ for
opposition:                   goods and services in Classes 9,
                              35, 41 and 42 (including data
                              processing programmes and
                              economic and technical advice
                                                                         Pleas in law and main arguments
                              and training)
Decision of the Oppo-         Refusal of the application                 The applicant alleges infringement of Article 45 of the Staff
sition division:                                                         Regulations, and manifest error of assessment.
Decision of the Board of      Dismissal of the applicant’s appeal
Appeal: