CELEX: C2003/264/52
Language: en
Date: 2003-11-01 00:00:00
Title: Case T-274/03: Action brought on 4 August 2003 by Focus Magazin Verlag GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

C 264/30               EN                       Official Journal of the European Union                                          1.11.2003
Action brought on 4 August 2003 by Focus Magazin                        Mark or sign cited in         The German mark ‘FOCUS’
Verlag GmbH against the Office for Harmonisation in the                 opposition:                   (No 395 46 204) in respect of
         Internal Market (Trade Marks and Designs)                                                    goods and services in Classes 9,
                                                                                                      16, 35, 36, 37, 38, 41 and 42
                         (Case T-274/03)
                                                                        Decision of the Oppo-         Rejection of the opposition
                                                                        sition Division:
                         (2003/C 264/52)
                                                                        Decision of the Board of      Dismissal of the applicant’s appeal
                                                                        Appeal:
(Language of the case to be determined pursuant to Article 131(2)
of the Rules of Procedure — language in which the application was       Pleas in law:                 —     Submission in the oppo-
                        submitted: German)                                                                  sition     proceedings       of
                                                                                                            adequate evidence of the
                                                                                                            applicant’s earlier right;
                                                                                                      —     Infringement of the appli-
An action against the Office for Harmonisation in the Internal                                              cant’s right to a hearing;
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on                                                —     Infringement of the appli-
4 August 2003 by Focus Magazin Verlag GmbH, Munich                                                          cant’s right of due process;
(Germany), represented by U. Gürtler, lawyer. France Telecom
S.A., Paris, was also a party to the proceedings before the                                           —     Infringement of Article 42 of
Board of Appeal.                                                                                            Regulation (EC) No 40/94 (1)
                                                                                                            and Rule 20(3) of Regulation
                                                                                                            (EC) No 2868/95 (2).
The applicant claims that the Court should:
                                                                        (1) Council Regulation (EC) No 40/94 of 20 December 1993 on the
—     annul Decision No 1956/2001 of the Opposition Div-                    Community trade mark (OJ 1994 L 11, p. 1).
      ision of the defendant of 2 August 2001 in opposition             (2) Commission Regulation (EC) No 2868/95 of 13 December
      proceedings B 260576;                                                 1995 implementing Council Regulation (EC) No 40/94 on the
                                                                            Community trade mark (OJ 1995 L 303, p. 1).
—     annul the decision of the Fourth Board of Appeal of the
      defendant of 30 April 2003 in appeal proceedings R 849/
      2001-4;
—     instruct the defendant to make a determination on the
      merits in opposition proceedings B 260576, taking
      account of the legal view of the matter formed by the
      adjudicating court;
—     order the defendant to pay the costs of the proceedings.          Action brought on 23 July 2003 by Dionisia Elefteriadi
                                                                          against the Commission of the European Communities
                                                                                                 (Case T-277/03)
Pleas in law and main arguments
                                                                                                 (2003/C 264/53)
Applicant for Com-            France Telecom S.A.
munity trade mark:
                                                                                           (Language of the case: Greek)
Community trade mark          Word mark ‘Focus One’ in respect
sought:                       of goods and services in Classes 9,
                              35, 38 and 42 — application
                              No 984 484
                                                                        An action against the Commission of the European Communi-
Proprietor of mark or         The applicant                             ties was brought before the Court of First Instance of the
sign cited in the oppo-                                                 European Communities on 23 July 2003 by Dionisia Elefteria-
sition proceedings:                                                     di, residing in Athens, represented by Timotheos Sigalas.