CELEX: C2003/101/71
Language: en
Date: 2003-04-26 00:00:00
Title: Case T-40/03: Action brought on 10 February 2003 by Julián Murúa Entrena against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

26.4.2003              EN                          Official Journal of the European Union                                          C 101/39
Mark or sign cited in          The German word/figurative                  Pleas in law and main arguments
opposition:                    mark ‘AXON’ (No 1108589) for
                               goods and services in classes 10,           Applicant for Com-           Applicant
                               12, 35 and 36                               munity trade mark:
Decision of the Oppo-          Rejection of the opposition                 Community trade mark         Figurative mark ‘Julián Murúa
sition Division:                                                           sought:                      Entrena’        —       Application
                                                                                                        No 62.588 for products in
Decision of the Board of       Annulment of the decision of the                                         Class 33 (wines).
Appeal:                        Opposition Division and referral
                               of the case back to the Opposition          Proprietor of mark or        Bodegas Murúa S.A.
                               Division                                    sign cited in the oppo-
                                                                           sition proceedings:
Pleas in law:                  —     There is no similarity
                                     between the marks opposed,            Mark or sign cited in        Spanish trade mark ‘MURUA’
                                     within the meaning of                 opposition:                  and international registration
                                     Article 8(1)(b) of Regulation                                      No 482.779 having effect in Ger-
                                     (EC) No 40/94 (1).                                                 many, France, Austria, Switzer-
                                                                                                        land and Benelux for products in
                               —     There is no likelihood of                                          Class 33.
                                     confusion.
                                                                           Decision of the Oppo-        Opposition accepted.
                                                                           sition Division:
( 1) Council Regulation (EC) No 40/94 of 20 December 1993 on the
     Community trade mark (OJ 1994 L 11, p. 1).                            Decision of the Board of     Appeal dismissed.
                                                                           Appeal:
                                                                           Pleas in law:                Incorrect        application      of
                                                                                                        Article 8(1)(b) of Regulation (EC)
                                                                                                        No 40/94 (likelihood of con-
                                                                                                        fusion).
Action brought on 10 February 2003 by Julián Murúa
Entrena against the Office for Harmonisation in the
     Internal Market (Trade Marks and Designs) (OHIM)
                          (Case T-40/03)                                   Action brought on 10 February 2003 by La Maison de
                                                                           l’Europe Avignon-Méditerranée against Commission of
                                                                                            the European Communities
                         (2003/C 101/71)
                                                                                                    (Case T-43/03)
                   (Language of the case: Spanish)
                                                                                                   (2003/C 101/72)
An action against the Office for Harmonisation in the Internal                               (Language of the case: French)
Market (Trade Marks and Designs) (OHIM) was brought before
the Court of First Instance of the European Communities on
10 February 2003 by Julián Murúa Entrena, residing in El
Ciego, Álava (Spain), represented by Ignacio Temiño Ceniceros,             An action against the Commission of the European Communi-
lawyer.                                                                    ties was brought before the Court of First Instance of the
                                                                           European Communities on 10 February 2003 by La Maison
                                                                           de l’Europe Avignon-Méditerranée, established in Avignon
                                                                           (France), represented by François Martineau, lawyer.
The applicant claims that the Court should:
—      annul the contested decision refusing the Community                 The applicant claims that the Court should:
       trade-mark application No 62.588 in Class 33;
                                                                           —     order the defendant to pay EUR 100 000 to make good
—      order the parties to bear their own costs and half of the                 the damage suffered by La Maison de l’Europe Avignon-
       common costs.                                                             Méditerranée as a result of the disclosure of deceitful,