CELEX: C2001/245/48
Language: en
Date: 2001-09-01 00:00:00
Title: Case T-149/01: Action brought on 3 July 2001 by Bruno Heim and Franz Gustav Andersson against Office for the Harmonization of the Internal Market (trade marks and designs) (OHIM)

C 245/30               EN                    Official Journal of the European Communities                                       1.9.2001
Pleas in law and main arguments                                         Pleas in law and main arguments
By the present action the applicant, is challenging the appoint-        Applicant for the Com-        Bruno Heim and Franz Gustav
                                                                        munity trade mark:            Andersson
ing authority’s refusal to acknowledge the occupational origin
of a disease which, according to the applicant himself, was             The Community trade           Figurative mark ‘DockerS by Gerli’
caused by having to carry and lift, as part of his duties, loads        mark concerned:               — Application No 22.129 for
of a certain weight.                                                                                  goods in Class 25
                                                                        Proprietor of the right to    Levi Strauss & Co.
In support of his arguments, the applicant alleges:
                                                                        the trade mark or sign
                                                                        asserted by way of oppo-
—     the allegedly incomprehensible nature of the Medical
                                                                        sition in the opposition
      Committee’s findings;
                                                                        proceedings:
—     infringement of Article 73 of the Staff Regulations and           Trade mark or sign            French and Swedish figurative
      Article 3(2) of the Rules on the Insurance of Officials of        asserted by way of oppo-      marks ‘DOCKERS’ registered for
      the European Communities against the Risk of Accident             sition in the opposition      goods in Class 25
      and of Occupational Disease, and failure to observe the           proceedings:
      duty of care and the principle of proportionality;
                                                                        Decision of the Oppo-         Rejection of the application for
—     breach of the procedure laid down in Article 21 of the            sition Division:              registration of the Community
      abovementioned rules.                                                                           trade mark
                                                                        Decision of the Board of      Dismissal of the appeal and con-
                                                                        Appeal:                       firmation of the rejection of the
                                                                                                      application for registration of the
                                                                                                      Community trade mark
Action brought on 3 July 2001 by Bruno Heim and Franz                   Grounds of claim:             — infringement of Articles 34
Gustav Andersson against Office for the Harmonization                                                     and 35          of Regulation
 of the Internal Market (trade marks and designs) (OHIM)                                                  No 40/94 (1);
                                                                                                      — infringement of Article 8(2)(c)
                                                                                                          of Regulation No 40/94 and
                        (Case T-149/01)
                                                                                                          Rule      8     of  Regulation
                                                                                                          No 2868/95 (2);
                        (2001/C 245/48)                                                               — breach of the concept of ‘risk
                                                                                                          of confusion’
(Language of the case: to be determined in accordance with
Article 131(2) of the Rules of Procedure. Language in which the         (1) Council Regulation (EC) No 40/94 of 20 December 1993 on the
                 application was drafted: Spanish)                          Community trade mark (OJ 1993 L 11, p. 1).
                                                                        (2) Commission Regulation (EC) No 2868/95 of 13 December
                                                                            1995 implementing Council Regulation (EC) No 40/94 on the
An action against Office for Harmonization in the Internal                  Community trade mark(OJ 1995 L 303, p. 1).
Market (trade marks and designs (OHIM) was brought before
the Court of First Instance of the European Communities on
3 July 2001 by Bruno Heim and Franz Gustav Andersson,
both residing in Germany, represented by Juan José Carreño
Moreno.
                                                                        Action brought on 2 July 2001 by Cristiano Sebastiani
                                                                            against Commission of the European Communities
The applicant claims that the Court should:
—     annul the decision of the Third Board of Appeal of the                                     (Case T-150/01)
      Office for Harmonization in the Internal Market (trade
      marks and designs (OHIM)) of 4 April 2001 in the                                           (2001/C 245/49)
      proceedings in R 588/199-3 dismissing the appeal against
      the decision to refuse to register the figurative mark
                                                                                           (Language of the case: French)
      ‘DockerS by Gerli’ as a Community trade mark for goods
      in Class 25; and
                                                                        An action against the Commission of the European Communi-
—     order a new decision annulling the preceding decision and         ties was brought before the Court of First Instance of the
      granting Community trade mark registration application            European Communities on 2 July 2001 by Cristiano Sebastiani,
      No 22.129 ‘DockerS by Gerli’ for goods in Class 25 of             residing in Brussels represented by Jean-Noël Louis and
      the international classification, of which the applicants         Véronique Peere, lawyers, with an address for service in
      are the proprietors.                                              Luxembourg.