Notice for the OJ
Action brought on 19 May 2003 by CeWe Color AG & Co. OHG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case T-179/03)
(Language of the case: 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 19 May 2003 by CeWe Color AG & Co. OHG, Oldenburg (Germany), represented by Chr. Spintig, lawyer.
The applicant claims that the Court should:
(annul the decision of the Third Board of Appeal of the defendant of 12 March 2003 in Case R 638/2002-3;
(order the defendant to pay the costs.
Pleas in law and main arguments:
Community trade mark sought:Word mark "DigiFilmMaker", application no 2 467 017
Goods or services:Goods and services in Classes 9 (storage media etc.) and 42 (creating photographs etc.)
Decision contested before the
Board of Appeal:Refusal by the examiner of registration
Decision of the Board of Appeal:Dismissal of the applicant's appeal
Pleas in law:Infringement of Article 7(1)(b) and (c) and Article 7(2) of Regulation No 40/94
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