CELEX: C2003/158/49
Language: en
Date: 2003-07-05 00:00:00
Title: Case T-154/03: Action brought on 2 May 2003 by Biofarma against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

5.7.2003              EN                          Official Journal of the European Union                                        C 158/27
The applicant claims that the Court should:                               Proprietor of mark or         The applicant
                                                                          sign cited in the oppo-
—     annul the Contested Decision in whole or in part,                   sition proceedings:
—     order the Commission to pay the costs of this Case and              Mark or sign cited in         Word mark ‘ARTEX’ registered in
      of Case T-276/02.                                                   opposition:                   France, Portugal and the Benelux
                                                                                                        for goods in Class 5
                                                                          Decision of the Oppo-         Opposition upheld
Pleas in law and main arguments                                           sition Division:
                                                                          Decision of the Board of      Annulment of the decision of the
The applicant in the present case is the same association as in
                                                                          Appeal:                       Opposition Division and dis-
case T-276/02, Forum against Commission (1). The applicant
                                                                                                        missal of the appeal
challenges the final decision relating to the same Belgian State
Aid measure which was, as far as the decision to open the                 Pleas in law:                 Misapplication of Article 8(1)(b)
procedure as foreseen by Article 88(2) of the Treaty was                                                of Regulation (EC) No 40/94 (like-
involved, the object of that case. The grounds and main                                                 lihood of confusion)
arguments are those submitted in that aforementioned case.
( 1) OJEC C 289, 23.11.02, p. 28.
                                                                          Action brought on 9 May 2003 by Industrias Químicas
                                                                          del Vallés, S.A. against Commission of the European
                                                                                                    Communities
Action brought on 2 May 2003 by Biofarma against the
Office for Harmonisation in the Internal Market (Trade                                            (Case T-158/03)
                 Marks and Designs) (OHIM)
                                                                                                  (2003/C 158/50)
                        (Case T-154/03)
                                                                                            (Language of the case: Spanish)
                        (2003/C 158/49)
                  (Language of the case: Spanish)                         An action against the Commission of the European Communi-
                                                                          ties was brought before the Court of First Instance of the
                                                                          European Communities on 9 May 2003 by Industrias Quí-
                                                                          micas del Vallés, S.A., whose registered office is in Mollet del
An action against the Office for Harmonisation in the Internal            Vallés (Barcelona, Spain), represented by Cani Fernández
Market (Trade Marks and Designs) (OHIM) was brought before                Vicién, Paloma González-Espejo and Julio Sabater Marotias,
the Court of First Instance of the European Communities on                lawyers.
2 May 2003 by Biofarma, represented by Antonia Ruiz López
and Víctor Gil Vega, lawyers.
                                                                          The applicant claims that the Court should:
The applicant claims that the Court should:                               —     annul Commission Decision 2003/308/EC of 2 May
                                                                                2003,
—     annul the decision of the OHIM (Third Board of Appeal)
      of 5 February 2003 and declare that there is a likelihood           —     order the European Commission to pay all the costs,
      of confusion between the trade marks ARTEX and                            including those incurred for the purposes of making an
      ALREX, which designate similar goods.                                     application for interim relief.
—     order the OHIM to pay the costs.
                                                                          Pleas in law and main arguments
Pleas in law and main arguments
                                                                          This action is directed against Commission Decision 2003/
                                                                          308/EC of 2 May 2003 concerning the non-inclusion of
Applicant for Com-             Bausch & Lomb Pharmaceuticals              metalaxyl in Annex I to Council Directive 91/414/EEC and the
munity trade mark:             Inc.                                       withdrawal of authorisations for plant-protection products
                                                                          containing this active substance (1).
Community trade mark           Word mark ‘ALREX’ — Appli-
sought:                        cation No 789461 for goods in
                               Class 5 (ophthalmological prod-            In support of its claims, the applicant company relies on the
                               ucts)                                      following pleas in law and main arguments: