CELEX: C2004/217/41
Language: en
Date: 2004-08-28 00:00:00
Title: Case T-188/04: Action brought on 24 May 2004 by Freixenet S.A. against the Office for Harmonisation in the Internal Market

28.8.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 217/22
            
         Action brought on 24 May 2004 by Freixenet S.A. against the Office for Harmonisation in the Internal Market
   (Case T-188/04)
   (2004/C 217/41)
   Language of the case: French
   An action against the Office for Harmonisation in the Internal Market was brought before the Court of First Instance of the European Communities on 24 May 2004 by Freixenet S.A., established in Sant Sadurní d'Anoia (Spain), represented by Fernand de Visscher, Emmanuel Cornu, Eric De Gryse and Donatienne Moreau, lawyers.
   The applicant claims that the Court should:
   
               —
            
            
               annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market of 11 February 2004 and order that trade mark application No 32540 be published pursuant to Article 40 of Regulation No 40/94;
            
         
               —
            
            
               in the alternative, the decision of 11 February 2004 of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market;
            
         
               —
            
            
               order the Office for Harmonisation in the Internal Market to pay the costs.
            
         Pleas in law and main arguments:
   
               Applicant for Community trade mark:
            
            
               Freixenet S.A.
            
         
               Community trade mark applied for:
            
            
               Three-dimensional trade mark in the form of a frosted black matt bottle (No 32540)
            
         
               Products or services:
            
            
               Products in classification 33 (sparkling wines)
            
         
               Decision of the examination division:
            
            
               Application rejected
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
               Pleas in law:
            
            
               Violation of the rights of the defence and Article 73 of Regulation No 40/94 (1) in so far as the applicant was not able to express a view on all of the facts, and infringement of Articles 7(1)(b) and 7(3) of Regulation No 40/94.
            
         
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).