CELEX: C2003/289/53
Language: en
Date: 2003-11-29 00:00:00
Title: Order of the President of the Court of First Instance of 16 September 2003 in Case T-272/03 R: Maria Dolores Fernández Gómez v Commission of the European Communities (Interim measures — Application for suspension of operation — Urgency — None)

29.11.2003              EN                         Official Journal of the European Union                                         C 289/25
3.    Reserves the costs.                                                  Th. Schulte-Beckhausen, lawyer. The additional party before
                                                                           the Board of Appeal was Conceria Toska S.R.L., Milan (Italy).
                                                                           The applicant claims that the Court should:
                                                                           —     annul the decision of the Second Board of Appeal of the
ORDER OF THE PRESIDENT OF THE COURT OF FIRST                                     defendant of 13 May 2003 (Case R 369/2002-2);
                             INSTANCE
                                                                           —     order the defendant to pay the costs.
                      of 16 September 2003
in Case T-272/03 R: Maria Dolores Fernández Gómez v
        Commission of the European Communities                             Pleas in law and main arguments
(Interim measures — Application for suspension of oper-
                    ation — Urgency — None)                                Applicant for Com-            Conceria Toska S.R.L.
                                                                           munity trade mark:
                          (2003/C 289/53)
                                                                           Community trade mark          Word mark TOSKA for goods
                                                                           sought:                       in Class 18 (including bags) —
                    (Language of the case: French)                                                       application No 743427
                                                                           Proprietor of mark or         Applicant
In Case T-272/03 R: Maria Dolores Fernández Gómez, residing                sign cited in the oppo-
in Brussels (Belgium), represented by J. Iturriagagoititia and             sition:
K. Delvolvé, lawyers, against Commission of the European
Communities (Agents: J. Currall, F. Clotuche-Duvieusart and                Mark or sign cited in         German word mark TOSCA for
H. Tserepa- Lacombe) — application for suspension of the                   opposition:                   perfumes (including ‘parfum’, ‘eau
operation of the Commission’s decision of 12 May 2003                                                    de toilette’, and ‘eau de parfum
rejecting the application to renew the applicant’s temporary                                             pour femmes’)
staff contract, the President made an order on 16 September
2003, the operative part of which is as follows:                           Decision of the Oppo-         Rejection of the opposition
                                                                           sition Division:
1.    The application for interim measures is dismissed.
                                                                           Decision of the Board of      Dismissal of the applicant’s appeal
2.    Costs are reserved.                                                  Appeal:
                                                                           Pleas in law:                 —    The opposition based on the
                                                                                                              mark with reputation is well
                                                                                                              founded       pursuant      to
                                                                                                              Article 8(1)(b) of Regulation
                                                                                                              (EC) No 40/94 (1).
Action brought on 18 July 2003 by Mülhens GmbH & Co.                                                     —    There is a likelihood of con-
KG against the Office for Harmonisation in the Internal                                                       fusion between the opposing
         Market (Trade marks and Designs) (OHIM)
                                                                                                              marks.
                           (Case T-263/03)                                                               —    There are certain similarities
                                                                                                              between the         opposing
                                                                                                              goods.
                          (2003/C 289/54)
                                                                                                         —    The earlier mark is a mark
(Language of the case to be determined pursuant to Article 131(2)                                             with reputation within the
of the Rules of Procedure — language in which the application was                                             meaning of Article 8(5) of
                          submitted: German)                                                                  Regulation (EC) No 40/94.
                                                                           (1) Council Regulation (EC) No 40/94 of 20 December 1993 on the
An action against the Office for Harmonisation in the Internal                 Community trade mark (OJ 1994 L 11, p. 1).
Market (Trade Marks and Designs) (OHIM) was brought before
the Court of First Instance of the European Communities on
18 July 2003 by Mülhens GmbH & Co. KG, represented by