CELEX: C2003/304/45
Language: en
Date: 2003-12-13 00:00:00
Title: Judgment of the Court of First Instance of 15 October 2003 in Case T-295/01: Nordmilch eG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Regulation (EC) No 40/94 — OLDENBURGER — Absolute ground for refusal — Descriptive character — Geographical origin — Articles 7(1)(c) and 7(2) — Limitation of the right conferred — Article 12(b) — Statement as to the scope of protection — Article 38(2))

13.12.2003                EN                             Official Journal of the European Union                                              C 304/25
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                      4.    Orders the Office to pay, in addition to its own costs, one third
                                                                                       of the costs incurred by the applicant;
                          of 14 October 2003                                     5.    Orders the intervener to pay, in addition to its own costs, two
                                                                                       thirds of the costs incurred by the applicant.
in Case T-292/01: Phillips-Van Heusen Corp. v Office for                         (1) OJ C 44 of 16.2.2002.
Harmonisation in the Internal Market (Trade Marks and
                          Designs) (OHIM) (1)
(Community trade mark — Regulations (EC) No 40/94 and
No 2868/95 — Opposition — Likelihood of confusion —
Alteration of a decision of the Board of Appeal — Appli-
cation for registration of Community word mark BASS —
                      Earlier word mark PASH)                                        JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                         of 15 October 2003
                            (2003/C 304/44)
                                                                                 in Case T-295/01: Nordmilch eG v Office for Harmonis-
                                                                                 ation in the Internal Market (Trade Marks and Designs)
                     (Language of the case: English)
                                                                                                               (OHIM) (1)
                                                                                 (Community trade mark — Regulation (EC) No 40/94
                                                                                 — OLDENBURGER — Absolute ground for refusal —
                                                                                 Descriptive character — Geographical origin —
In Case T-292/01, Phillips-Van Heusen Corp., established in                      Articles 7(1)(c) and 7(2) — Limitation of the right conferred
New York (United States of America), represented by F. Jaco-                     — Article 12(b) — Statement as to the scope of protection
bacci, lawyer, v Office for Harmonisation in the Internal                                                   — Article 38(2))
Market (Trade Marks and Designs) (OHIM) (Agents: E. Joly and
S. Laitinen), the intervener before the Court being Pash
Textilvertrieb und Einzelhandel GmbH, established in Munich                                                 (2003/C 304/45)
(Germany), represented by W. Städtler, lawyer: Action brought
against the decision of the Third Board of Appeal of the Office
for Harmonisation in the Internal Market (Trade Marks and                                            (Language of the case: German.)
Designs) of 12 September 2001 (Case R-740/2000-3) relating
to opposition proceedings between Pash Textilvertrieb und
Einzelhandel GmbH and Phillips-Van Heusen Corporation, the
Court of First Instance (Second Chamber), composed of:                           In Case T-295/01, Nordmilch eG, established in Zeven (Ger-
N.J. Forwood, President, J. Pirrung and A.W.H. Meij, Judges;                     many), represented by C. Spintig, lawyer, v Office for Harmon-
J. Palacio González, Principal Administrator, for the Registrar,                 isation in the Internal Market (Trade Marks and Designs)
has given a judgment on 14 October 2003, in which it:                            (OHIM) (Agents: A. von Mühlendahl and G. Schneider): Action
                                                                                 brought against the decision of the Third Board of Appeal of
                                                                                 the Office for Harmonisation in the Internal Market (Trade
1.    Declares that it is unnecessary to rule on the action in so far as         Marks and Designs) of 19 September 2001 (Case R 826/2000-
      it is directed against the rejection in the contested decision of          3), concerning the application for registration of the word
      the application for registration of the trade mark in respect of           OLDENBURGER, the Court of First Instance (Fourth Chamber),
      goods other than ‘clothing’;                                               composed of: V. Tiili, President, P. Mengozzi and M. Vilaras,
                                                                                 Judges; D. Christensen, Administrator, for the Registrar, has
                                                                                 given a judgment on 15 October 2003, in which it:
2.    Alters the decision of the Third Board of Appeal of the Office
      for Harmonisation in the Internal Market (Trade Marks and
      Designs) of 12 September 2001 (Case R-740/2000-3), as                      1.    Dismisses the application;
      rectified by the decision of 18 February 2002, so that the
      intervener’s appeal before the Office is dismissed;                        2.    Orders the applicant to pay the costs.
3.    Declares that it is unnecessary to rule on the application to              (1) OJ C 44 of 16.2.2002.
      reject definitively and in its entirety the opposition to registration
      of the trade mark applied for in respect of goods falling within
      Class 25;