CELEX: C2003/264/69
Language: en
Date: 2003-11-01 00:00:00
Title: Removal from the register of Case T-250/99

1.11.2003              EN                       Official Journal of the European Union                                        C 264/39
Action brought on 12 September 2003 by Wassen Inter-                    Proprietor of mark or         Stroschein Gesundkost GmbH
national Limited against the Office for Harmonisation in                sign cited in the oppo-
                      the Internal Market                               sition proceedings:
                                                                        Mark or sign cited in         The national figurative mark Sel-
                         (Case T-312/03)                                opposition:                   enium Spezial A-C-E and device
                                                                                                      for goods in class 5 and 30 (Non-
                                                                                                      medical and non-pharmaceutical
                         (2003/C 264/68)                                                              preparations on the basis of
                                                                                                      starch, calcium salts, magnesium
                                                                                                      stearate and yeast as nutritional
(Language of the case to be determined pursuant to Article 131(2)                                     additives)
of the Rules of Procedure — language in which the application was
                        submitted: English)                             Decision of the Oppo-         Rejection of the Community trade
                                                                        sition Division:              mark application and upholding
                                                                                                      of the opposition
                                                                        Decision of the Board of      Dismissal of the appeal lodged by
An action against the Office for Harmonisation in the Internal          Appeal:                       the applicant for the community
Market was brought before the Court of First Instance of the                                          trade mark, Wassen International
European Communities on 12 September 2003 by Wassen
                                                                                                      Limited
International Limited, Leatherhead (United Kingdom), rep-
resented by M. Edenborough, Barrister. Stroschein Gesundkost
GmbH was also a party to the proceedings before the Board of            Pleas in law:                 The applicant invokes an infringe-
Appeal.                                                                                               ment of regulation No 40/94 (1)
                                                                                                      in that the contested decision
                                                                                                      determined that there existed a
                                                                                                      likelihood of confusion between
The applicant claims that the Court should:                                                           the marks.
—     allow the appeal by the applicant to the Court of First
      Instance;                                                         (1) Council Regulation (EC) No 40/94 of 20 December 1993 on the
                                                                            Community trade mark (OJ L 11, p. 1).
—     remit the Community trade mark application
      No 1083567 to the Office so as to allow it to proceed to
      registration;
—     annul the decision of the Opposition Division No 2920/
      2001;
—     annul the decision of the Fourth Board of Appeal No                      Removal from the register of Case T-250/99 (1)
      R 0121/2002-4;
                                                                                                 (2003/C 264/69)
—     order the opponent to pay to the applicant the costs
      incurred by the applicant in connection with this appeal
      and the appeal before the Board of Appeal and the                                    (Language of the case: Dutch)
      opposition before the Opposition Division.
                                                                        By order of 2 September 2003 the President of the Second
Pleas in law and main arguments                                         Chamber of the Court of First Instance of the European
                                                                        Communities ordered the removal from the register of Case
                                                                        T-250/99: Shell Nederland Verkoopmaatschappij B.V. v Com-
Applicant for the Com-        Wassen International Limited              mission of the European Communities.
munity trade mark:
The Community trade           The word mark ‘SELENIUM-ACE’              (1) OJ C 20 of 22.1.2000.
mark sought:                  for goods in class 3 and 5 (cos-
                              metics, soaps, lotions, nutritional
                              supplements, vitamins, ...)