Notice for the OJ

 

SEQ CHAPTER \h \r 1Action brought on 25 May 2004 by Przedsiebiorstwo Polmos Bialystock against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

(Case T-180/04)

Language of the case: English

An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) was brought before the Court of First Instance of the European Communities on 25 May 2004 by Przedsiebiorstwo Polmos Bialystock, Bialystock, Poland, represented by Ms C. Bercial Arias, lawyer.

V & S Vin & Sprit AB was also a party to the proceedings before the Board of Appeal.

The applicant claims that the Court should:

-     annul the Decision of the First Board of Appeal of March 16, 2004 in case R 430/2003-1 confirming the Opposition's Division Decision No. 1200/2003 upholding opposition No. B 432 635

-     order the Office to pay costs, including those incurred in the opposition proceedings and before the Boards of Appeal

    

Pleas in law and main arguments:

Applicant for Community trade mark:        the applicant

Community trade mark sought:            Figurative mark "ABSOLWENT B GRADUATE VODKA WÓDKA"for goods in class 33 (beer etc.)

Proprietor of mark or sign cited in the

opposition proceedings:                V&S Vin & Sprit AB

Mark or sign cited in opposition:            Word national mark "ABSOLUT"

Decision of the Opposition Division:            Registration refused

Decision of the Board of Appeal:            Appeal rejected

Pleas in law:                        

Inapplicability of articles 8 (1) (b) and 8 (2) (c) of Regulation 40/941.In this context, the applicant submits that the signs in question are dissimilar.

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