Notice for the OJ

 

Action brought on 20 February 2004 by Axiom Medical, Inc. against the Office for Harmonisation in the Internal Market

(Case T-84/04)

Language of the case: German

An action against the Office for Harmonisation in the Internal Market was brought before the Court of First Instance of the European Communities on 20 February 2004 by Axiom Medical, Inc., Rancho Dominguez (USA), represented by R. Köbbing, lawyer.

The applicant claims that the Court should:

-    annul Decision R 193/2002-1 of the First Board of Appeal of 17 December 2003;

-    in the alternative, annul Decision R 193/2002-1 in respect of the goods in Class 10;

-    order the defendant to pay the costs.

Pleas in law and main arguments:

Applicant for Community trade mark:The applicant

Community trade mark sought:Word mark "ATRAUM" for goods in Class 5 (wound dressings) and Class 10 (medical devices etc.) - Application No 11405588

Proprietor of mark or sign cited in the opposition proceedings:

Paul Hartmann Akteingesellschaft

Mark or sign cited in opposition.National and international mark "Atrauman" for goods in Class 5

Decision of the Board of Appeal:Dismissal of the applicant's appeal

Decision of the Opposition Division:Rejection of the opposition

Pleas in law:Infringement of Article 8(1)(b) of Regulation No 40/94

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