CELEX: C2004/071/58
Language: en
Date: 2004-03-20 00:00:00
Title: Case T-425/03: Action brought on 17 December 2003 by AMS Advanced Medical Services against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

C 71/30                 EN                            Official Journal of the European Union                                        20.3.2004
reassign the applicant to the post of Principal Adviser at the                Pleas in law and main arguments
statistical office of the European Communities (Eurostat) and
of the decision of 1 October 2003 reorganising Eurostat and,
second, for the Commission to undertake the steps necessary                   Applicant for Com-            The applicant.
to enable the applicant to resume her functions as Director as                munity trade mark:
soon as possible — the President of the Court of First Instance
made an order on 25 November 2003, the operative part of                      Community trade mark          The word and figurative mark
which is as follows:                                                          sought:                       ‘marmara’ for goods in Classes 29,
                                                                                                            30, 31, 32 and 33 (inter alia,
                                                                                                            meat, fish, poultry and game) —
1.    The application for interim relief is dismissed.                                                      Application No 1 443 258.
                                                                              Proprietor of mark or         Marmara Zeytin Tarim Satis
2.    Costs are reserved.                                                     sign cited in the oppo-       Kooperatifleri Birligi.
                                                                              sition proceedings:
                                                                              Mark or sign cited in         The Community trade mark
                                                                              opposition:                   ‘MARMARABIRLIK’ for goods in
                                                                                                            Class 29 (inter alia, meat, fish,
                                                                                                            poultry and game) — Trade mark
                                                                                                            No 681 429.
Action brought on 15 December 2003 by Marmara                                 Decision of the Oppo-         Rejection of the opposition.
Import-Export GmbH against the Office for Harmonis-                           sition Division:
ation in the Internal Market (Trade Marks and Designs)
                               (OHIM)                                         Decision of the Board of      The decision of the Opposition
                                                                              Appeal:                       Division was annulled and the
                                                                                                            appeal allowed.
                           (Case T-403/03)
                                                                              Pleas in law:                 There is no likelihood of con-
                                                                                                            fusion between the two marks
                            (2004/C 71/57)
                                                                                                            within     the      meaning      of
                                                                                                            Article 8(1)(b) of Regulation (EC)
(Language of the case to be determined pursuant to Article 131(2)                                           No 40/94.
of the Rules of Procedure — language in which the application was
                          submitted: German)
An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) was brought before the                       Action brought on 17 December 2003 by AMS Advanced
Court of First Instance of the European Communities on                        Medical Services against the Office for Harmonisation in
15 December 2003 by Marmara Import-Export GmbH, Düssel-                         the Internal Market (Trade Marks and Designs) (OHIM)
dorf (Germany), represented by G. Rother and A. von
Arnswaldt, lawyers. Marmara Zeytin Tarim Satis Kooperatifleri
Birligi, Bursa (Turkey), was also a party to the proceedings                                           (Case T-425/03)
before the Board of Appeal.
                                                                                                        (2004/C 71/58)
The applicant claims that the Court should:                                   (Language of the case to be determined pursuant to Article 131(2)
                                                                              of the Rules of Procedure — language in which the application was
—     annul the decision of the First Board of Appeal of the                                          submitted: German)
      Office for Harmonisation in the Internal Market (Trade
      Marks and Designs) of 1 October 2003 (R 515/2002-1);
—     reject the opposition of the other party to the proceedings             An action against the Office for Harmonisation in the Internal
      before the Board of Appeal;                                             Market (Trade Marks and Designs) was brought before the
                                                                              Court of First Instance of the European Communities on
                                                                              17 December 2003 by AMS Advanced Medical Services,
—     stay proceedings until a decision has been given on the                 Mannheim (Germany), represented by G. Lindhofer, lawyer.
      application for a declaration of invalidity;                            American Medical Systems, Inc., Minnetonka (United States of
                                                                              America), was also a party to the proceedings before the Board
—     order the defendant Office to pay the costs.                            of Appeal.
 ---pagebreak--- 20.3.2004             EN                         Official Journal of the European Union                                             C 71/31
The applicant claims that the Court should:                                                             and certain goods and services in
                                                                                                        Class 42 (hospitals, convalescent
                                                                                                        homes, sanatoriums; medical,
—     annul the contested decision (1) in so far as it refused                                          hygienic and beauty care; medical
      application No 1 358 480 for registration of a Com-                                               research, bacteriology and chemi-
      munity trade mark;                                                                                cal research; development of
                                                                                                        medicines, foodstuffs with phar-
—     grant application No 1 358 480 for registration of a                                              maceutical properties and other
      Community trade mark;                                                                             health care products, and con-
                                                                                                        ducting medical and clinical
                                                                                                        examinations, consultancy and
—     in the alternative, refer the case back to the Board of                                           support for others for these activi-
      Appeal so that it may give a ruling on the matter;                                                ties; scientific and industrial
                                                                                                        research, in particular medical,
                                                                                                        bacteriological      or    chemical
—     order the defendant Office to pay the costs.                                                      research; opticians’ services; con-
                                                                                                        sultancy for health care pro-
                                                                                                        fessionals in the development,
                                                                                                        establishing and conducting of
                                                                                                        therapy programmes and the test-
                                                                                                        ing of the aforesaid therapy pro-
Pleas in law and main arguments                                                                         grammes by means of studies).
                                                                                                        Dismissal of the opponent’s
                                                                                                        appeal as to the remainder.
Applicant for Com-            The applicant
munity trade mark:                                                       Pleas in law:                  —     No likelihood of confusion
                                                                                                              within the meaning of
Community trade mark          The figurative mark ‘AMS                                                        Article 8(1) and (2) of Regu-
sought:                       Advanced Medical Services’ for                                                  lation (EC) No 40/94.
                              goods and services in Classes 5,
                              10 and 42 — Application No                                                —     No evidence of use of the
                              1 358 480.                                                                      opposed marks in the Euro-
                                                                                                              pean Community justifying
                                                                                                              refusal of the application.
Proprietor of mark or         American Medical Systems, Inc.
sign cited in the oppo-
sition proceedings:                                                      (1) Decision of the Fourth Board of Appeal of the Office for
                                                                             Harmonisation in the Internal Market (Trade Marks and Designs)
                                                                             in Case R 671/2002-4.
Mark or sign cited in         The UK word mark ‘AMS’
opposition:                   (No 2 061 585), the figurative
                              mark ‘American Medical System’
                              registered in several States of the
                              European Union and the regis-
                              tered     word      marks      ‘AMS
                              AMBICOR’, ‘AMS SECURO-T’ and
                              ‘AMERICAN MEDICAL SYSTEMS’
                              for goods in Class 10.
                                                                         Action brought on 31 December 2003 by SIC-Sociedade
                                                                         Independente de Comunicação, S.A. against the Com-
Decision of the Oppo-         Refusal of the trade mark appli-                       mission of the European Communities
sition Division:              cation in respect of goods in
                              Class 10. Rejection of the oppo-
                              sition in so far as the application                                (Case T-442/03)
                              concerns goods and services in
                              Classes 5 and 42.
                                                                                                  (2004/C 71/59)
Decision of the Board of      Refusal of the trade mark appli-
Appeal:                       cation in respect of certain goods                          (Language of the case: Portuguese)
                              in Class 5 (Pharmaceutical, vet-
                              erinary and sanitary preparations;
                              dietetic substances adapted for
                              medical use; plasters, materials for
                              dressings; material for stopping           An action against the Commission of the European Communi-
                              teeth, dental wax; disinfectants)          ties was brought before the Court of First Instance of the