CELEX: C2001/245/40
Language: en
Date: 2001-09-01 00:00:00
Title: Case T-130/01: Action brought on 11 June 2001 by Sykes Enterprises Incorp. against the Office for Harmonisation in the Internal Market.

1.9.2001              EN                     Official Journal of the European Communities                                       C 245/25
Grounds of claim:             No risk of confusion within the           Grounds of claim:             Incorrect      interpretation   of
                              meaning of Article 8(1)(b) of                                           article 7 (1) b) of Council Regu-
                              Council Regulation (EC) No 40/94                                        lation 40/94 (1).
                              of 20 December 1993 on the
                              Community trade mark, since
                              there is neither a visual nor pho-        (1) Council Regulation (EC) No 40/94 of 20 December 1993 on the
                              netic similarity between the trade            Community trade mark (OJ L 11, p. 1).
                              marks nor do they desgignate
                              goods which may be confused
                                                                        Action brought on 18 June 2001 by Hans Fuchs Ver-
                                                                        sandschlachterei KG against the Commission of the Euro-
                                                                                               pean Communities
Action brought on 11 June 2001 by Sykes Enterprises
Incorp. against the Office for Harmonisation in the
                        Internal Market                                                          (Case T-134/01)
                        (Case T-130/01)                                                          (2001/C 245/41)
                        (2001/C 245/40)                                                   (Language of the case: German)
                  (Language of the case: English)
                                                                        An action against the Commission of the European Communi-
                                                                        ties was brought before the Court of First Instance of the
An action against the Office for Harmonisation in the Internal          European Communities on 18 June 2001 by Hans Fuchs
Market was brought before the Court of First Instance of the            Versandschlachterei KG, Duisburg (Germany), represented by
European Communities on 11 June 2001 by Sykes Enterprises               Ulrich Schrömbergs and Lothar Harings, Rechtsanwälte.
Incorp., Florida, USA, represented by Eberhard Körner of
Lichtenstein Körner & Partners, Stuttgard, Germany.
                                                                        The applicant claims that the Court should:
The applicant claims that the Court should:                             —     order the Commission to pay the applicant
                                                                              DEM 13 130,04 plus interest at 8 % per annum as from
                                                                              1 March 2000;
—     annul the contested decision of 7 March 2001 in Case
      No. R 0504/2000-3;
                                                                        —     in the alternative, order the Bundesanstalt für Landwirt-
                                                                              schaft und Ernährung to pay the applicant
—     order the Office to publish the trademark application                   DEM 13 130,04 plus interest at 8 % per annum as from
      concerned;                                                              1 March 2000;
—     order the Office to pay the costs.                                —     order the Commission to pay the costs.
Pleas in law and main arguments                                         Pleas in law and main arguments
Applicant for the Com-        Sykes Enterprises Inc.                    In connection with a programme to supply agricultural
munity trade mark:                                                      products to the Russian Federation (1), two tendering pro-
                                                                        cedures took place: one for procuring the products and the
The Community trade           Word mark: ‘Real people, real             other for their delivery to Russia. Commission Regulation
mark concerned:               solutions’       —      Application       (EC) No 1135/1999 (2) was to constitute the basis for the
                              no 1040534 for certain services           procurement of the products. Transport was dealt with by
                              in classes 35, 37 and 42                  Commission Regulation (EC) No 1955/1999 (3).
Decision of the Exam-         Rejection of the Application
iner:                                                                   The applicant submitted a tender for the procurement of pork
                                                                        for subsequent delivery to Russia and obtained the contract
Decision of the Board of      Rejection of the Appeal                   for the procurement of one lot. A third party obtained the
Appeal:                                                                 contract for delivery.