CELEX: C2001/150/58
Language: en
Date: 2001-05-19 00:00:00
Title: Case T-37/01: Action brought on 19 February 2001 by Takeda Chemical Industries Ltd. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

19.5.2001              EN                       Official Journal of the European Communities                                         C 150/29
      ORDER OF THE COURT OF FIRST INSTANCE                                 —     for the rest, reverse the decision;
                       of 8 February 2001
                                                                           —     find that ENANTYUM should be refused registration as a
in Case T-240/00: Lars Bo Rasmussen v Commission of                              Community trade mark;
                the European Communities (1)
                                                                           —     order Laboratorios Menarini to pay the costs.
(Action for annulment — Inadmissibility — Claim for
             damages — Manifestly inadmissible)
                         (2001/C 150/57)                                   Pleas in law and main arguments
                  (Language of the case: French)
                                                                           Applicant for the Com-          Laboratorios Menarini, S.A.
In Case T-240/00: Lars Bo Rasmussen, official at the Com-                  munity trade mark:
mission of the European Communities, residing in Dalheim
(Luxembourg), represented by M. Karp and J. Choucroun,                     Trade mark:                     Word mark ‘ENANTYUM’ —
avocats, with an address for service in Luxembourg, against                                                application no. 14720.
the Commission of the European Communities (Agents:
C. Berardis-Kayser and D. Martin) — application for the                    Goods or services:              Certain goods and services in class
annulment of the decision taken by the Commission in                                                       5 (including anti-inflammatory
compliance with the judgment of the Court of First Instance                                                non-steroid painkillers).
of 14 April 1999 T-50/98 Rasmussen v Commission [1999]
ECR-SC I-A-63 and II-319 and a claim for damages — the
Court of First Instance (Second Chamber), composed of                      Trade marks raised in           (Decision of 15 December 2000
A.W.H. Meij, President, A. Potocki and J. Pirrung, Judges;                 the opposition proceed-         in the proceedings in Case R-
H. Jung, Registrar, made an order on 8 February 2001, the                  ings:                           222/1999-2)
operative part of which is as follows:
                                                                                                           French word mark ‘ENANTONE’
1.   The application is dismissed as inadmissible;                                                         and Finnish, Swedish and Danish
                                                                                                           word mark ‘ENANTON’ for phar-
2.   Each of the parties shall bear its own costs.                                                         maceutical products in class 5.
(1) OJ C 302 of 21.10.00.
                                                                           Owner of the opposing           The applicant.
                                                                           marks:
                                                                           Decision         contested      Refusal of the application for
                                                                           before the Board of             registration.
Action brought on 19 February 2001 by Takeda Chemical
                                                                           Appeal:
Industries Ltd. against the Office for Harmonisation in
       the Internal Market (Trade Marks and Designs)
                                                                           Decision of the Board of        Annulment of the decision of the
                          (Case T-37/01)                                   Appeal:                         Opposition Division and dis-
                                                                                                           missal of the opposition.
                         (2001/C 150/58)
                                                                           Pleas in law relied on:         Misconstruction of Article 43(2)
                                                                                                           of the Community Trade Mark
                  (Language of the case: French)                                                           Regulation (1) — Absence of any
                                                                                                           request to provide evidence of use
An action against the Office for Harmonisation in the Internal                                             of the marks — Similarity of the
Market (Trade Marks and Designs) was brought before the                                                    goods — Likelihood of confusion.
Court of First Instance of the European Communities on
19 February 2001 by Takeda Chemical Industries Ltd. of
Osaka, Japan, represented by Thierry Mollet-Vieville, Avocat,
with an address for service in Luxembourg.                                 (1) Council Regulation (EC) No 40/94 fo 20 December 1993 on the
                                                                               Community trade mark (OJ L 11, p. 1).
The applicant claims that the Court should:
—    confirm the decision of the Second Board of Appeal
     holding the signs ENANTYUM, ENANTONE and ENTAN-
     TON to be similar;