CELEX: C2001/245/38
Language: en
Date: 2001-09-01 00:00:00
Title: Case T-128/01: Action brought on 7 June 2001 by DaimlerChrysler Corporation against the Office for Harmonisation in the Internal Market

C 245/24               EN                     Official Journal of the European Communities                                     1.9.2001
Action brought on 7 June 2001 by DaimlerChrysler                         Action brought on 11 June 2001 by José Alejandro S.L.
Corporation against the Office for Harmonisation in the                  against Office for the Harmonization of the Internal
                         Internal Market                                           Market (trade marks and designs) (OHIM)
                         (Case T-128/01)                                                         (Case T-129/01)
                                                                                                 (2001/C 245/39)
                         (2001/C 245/38)
                                                                                           (Language of the case: Spanish)
                   (Language of the case: English)
                                                                         An action against Office for Harmonization in the Internal
                                                                         Market (trade marks and designs (OHIM) was brought before
An action against the Office for Harmonisation in the Internal           the Court of First Instance of the European Communities on
Market was brought before the Court of First Instance of the             11 June 2001 by José Alejandro S.L., whose registered office is
European Communities on 7 June 2001 by DaimlerChrysler                   at Elche (Spain), represented by Ignacio Temiño Ceniceros.
Corporation, having its registered office in Michigan (USA),
represented by T. Cohen Jehoram of De Brauw Blackstone
                                                                         The applicant claims that the Court should:
Westbroek, The Hague (Netherlands).
                                                                         —     uphold the present application and alter the contested
                                                                               decision of 20 March 2001 of the First Board of Appeal
The applicant claims that the Court should:                                    (R 230/2001-1) dismissing the appeal against the decision
                                                                               to accept the opposition submitted by Anheuser-Bush,
—     annul the decision of the Board of Appeal in so far as it                Inc. against the application to register ‘Budmen’ as a
      finds that the mark does not satisfy the conditions as laid              Community trade mark (Application No 30.221) submit-
      down in article 7(1)b and /or Article 7(3) of Regulation                 ted by José Alejandro S.L. for goods in Class 25, and
      no 40/94 (1);                                                            grant registration of Community trade mark application
                                                                               No 30221 in Class 25 as applied for;
—     order the OHMI to accord a date of registration in respect         —     in the alternative, uphold the present application and
      of the application for a Community trade mark; and                       alter the content of the contested administrative act, and
                                                                               grant registration of Community trade mark application
—     order the OHMI to compensate DaimlerChrysler for the                     No 30221 in Class 25 only in respect of footwear.
      costs of these proceedings.
                                                                         —     so far as concerns costs, order the parties to bear their
                                                                               own costs and each pay half of the common costs.
Pleas in law and main arguments
                                                                         Pleas in law and main arguments
Applicant for the Com-         DaimlerChrysler Corporation               Applicant for the Com-        José Alejandro S.L.
munity trade mark:                                                       munity trade mark:
The Community trade            Figurative      trademark     (grille     The Community trade           Word mark ‘BUDMEN’ — Appli-
mark concerned:                design) — Application no 525048           mark concerned:               cation No 30.221 for certain
                               for goods in class 12                                                   goods in Classes 10, 16 and 25
Decision of the Exam-          Rejection of the application              Proprietor of the right to    The opponent
iner:                                                                    the trade mark or sign
                                                                         asserted by way of oppo-
Decision of the Board of       Rejection of the appeal                   sition in the opposition
Appeal:                                                                  proceedings:
                                                                         Trade mark or sign            Word mark ‘BUD’ registered in
Grounds of claim:              Incorrect      interpretation     of      asserted by way of oppo-      Denmark, United Kingdom and
                               Articles 7(1)b and 7(3) of Council        sition in the opposition      Ireland for goods in Classes 16
                               Regulation no 40/94.                      proceedings:                  and 25
                                                                         Decision of the Oppo-         Acceptance of the opposition
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the          sition Division:              with respect to the goods in
    Community trade mark (OJ 11, p. 1).                                                                Class 25
                                                                         Decision of the Board of      Dismissal of the appeal
                                                                         Appeal: