CELEX: C2004/071/62
Language: en
Date: 2004-03-20 00:00:00
Title: Case T-14/04: Action brought on 14 January 2004 by Alto de Casablanca, S.A. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

20.3.2004              EN                        Official Journal of the European Union                                            C 71/35
Action brought on 14 January 2004 by Alto de Casablanca,                 Decision of the Board of      Appeal rejected
S.A. against the Office for Harmonisation in the Internal                Appeal:
         Market (Trade Marks and Designs) (OHIM)
                                                                         Pleas in law:                 The applicant is represented by a
                                                                                                       registered patent agent and trade
                          (Case T-14/04)
                                                                                                       mark attorney, authorised to prac-
                                                                                                       tice both in the United Kingdom
                          (2004/C 71/62)                                                               and at a European level. The appli-
                                                                                                       cant claims that, on these
                                                                                                       grounds, its representative is also
(Language of the case to be determined pursuant to Article 131(2)                                      authorised to represent it before
of the Rules of Procedure-language in which the application was                                        the Court of First Instance of
                         submitted: English)                                                           the European Communities. In
                                                                                                       support of the substantive part
                                                                                                       of its application the applicant
                                                                                                       submits that the mark applied for
                                                                                                       did          not         contravene
An action against the Office for Harmonisation in the Internal
                                                                                                       Article 8 (1) (b), of Regulation 40/
Market (Trade Marks and Designs) (OHIM) was brought before
                                                                                                       94 (1) and the Office was mistaken
the Court of First Instance of the European Communities on
                                                                                                       to refuse registration.
14 January 2004 by Alto de Casablanca, S.A., Casablance,
(Chile), represented by A. W. Pluckrose, Chartered Patent
Attorney. Bodegas Julián Chivite, S.L. was also a party to the
proceedings before the Board of Appeal.                                  (1) Council Regulation (EC) No 40/94 of 20 December 1993 on the
                                                                             Community trade mark (OJ 11, p. 1).
The applicant claims that the Court should:
—     annul the decision of the Second Board of Appeals of the
      Office for Harmonisation in the Internal Market of
      4 November 2003;
—     direct the Office for Harmonisation in the Internal Market         Action brought on 14 January 2004 by Sandoz GmbH
      to proceed to register Community Mark Application                    against the Commission of the European Communities
      number 568337;
—     order payment of the Applicant’s costs.                                                     (Case T-15/04)
                                                                                                  (2004/C 71/63)
Pleas in law and main arguments
                                                                                           (Language of the case: English)
Applicant for the Com-         ALTO DE CASABLANCA S.A.
munity trade mark:
                                                                         An action against the Commission of the European Communi-
Community trade mark           Word mark ‘VERAMONTE’ for
                                                                         ties was brought before the Court of First Instance of the
sought:                        goods in class 33 (wine)
                                                                         European Communities on 14 January 2004 by Sandoz
                                                                         GmbH, Kundl, (Austria), represented by C. Thomas and
Proprietor of the right to     BODEGAS JULIAN CHIVITE S.L.               N. Dagg, Solicitors, and B. Oosting, lawyer.
the trade mark or sign
asserted by way of oppo-
sition in the opposition
proceedings:                                                             The applicant claims that the Court should:
Trade mark or sign             National marks ‘BEAMONTE’ and             —    annul the Commission decision, notified to the applicant
asserted by way of oppo-       ‘BODEGAS BEAMONTE’ for                         by letter dated 14 November 2003, not to proceed with
sition in the opposition       goods in class 33 (wines, spirits,             the decision for a marketing authorisation of Omnitrop
proceedings:                   liquors) and services in class 39              under Article 10(1)(a)(ii) of Directive 2001/83 and to
                               (goods transportation services)                send the CPMP opinion of 26 June 2003 back to the
                                                                              EMEA;
Decision of the Oppo-          Registration refused
sition Division:                                                         —    order the Commission to pay the applicants costs.