Notice for the OJ

 

Action brought on 15 August 2003 by The Gillette Company against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

    (Case T-286/03)

Language of the case

to be determined pursuant to Article 131(2) 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 Court of First Instance of the European Communities on 15 August 2003 by The Gillette Company, Boston (USA), represented by L. Kouker, lawyer.

Wilkinson Sword GmbH, Solingen (Germany), was also a party to the proceedings before the Board of Appeal.

The applicant claims that the Court should:

(annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 17 April 2003 in Case No R 221/2002-4;

(order the defendant Office to pay the costs of the proceedings.

Pleas in law and main arguments:

Applicant for Community trade mark:The applicantCommunity trade mark sought:Figurative mark "XTREME RIGHT GUARD sport" in respect of goods in Class 3 (non-medicated preparations for use in the bath or shower; anti-perspirants; deodorants; all included in Class 3) ( application No 1486745Proprietor of mark or sign cited in the opposition proceedings:

Wilkinson Sword GmbHMark or sign cited in opposition:The German figurative marks "WILKINSON SWORD EXTREME" (Nos 399 23 715 and 399 45 175) in respect of goods in Class 3 (shaving cosmetics)Decision of the Opposition Division:

Rejection of the oppositionDecision of the Board of Appeal:Annulment of the decision of the Opposition Division and refusal of the applicant's application for registrationPleas in law:(Infringement of Article 8(1)(b) of Regulation (EC) No 40/94;

(No likelihood of confusion;

(No similarity between the opposing marks.

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