Notice for the OJ
Action brought on 18 April 2003 by Inex N.V. against the Office for Harmonisation in the Internal Market
(Case T-153/03)
(Language of the case: French)
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 18 April 2003 by Inex N.V., represented by Thierry van Innis, lawyer.
Robert Wiseman & Sons Limited, Glasgow (United Kingdom) was also a party to the proceedings before the Second Board of Appeal.
The applicant claims that the Court should:
( annul the decision handed down by the Second Board of Appeal of the defendant on 4 February 2003 in Case R 106/2001-2;
( order the defendant to pay the costs.
Pleas in law and main arguments:
Applicant for Community trade mark Robert Wiseman & Sons Limited, Glasgow (United Kingdom)
Community trade mark sought Figurative mark composed of the graphic representation of a cowhide in black and white - application no. 132, 134, filed for goods and services in classes 29, 32 and 39 (in particular: milk, milk beverages, milk products, dairy products, cream and yoghurt)
Proprietor of mark or sign cited in Composite Benelux trade mark no
the opposition proceedings: 580 538 comprising in part a graphic
representation of a cowhide in black and white registered for goods in classes 29 and 30
Decision of the Opposition Division: Rejection of the opposition
Decision of the Board of Appeal: Dismissal of the applicant's appeal
Pleas in law: Infringement of the concept of the likelihood of confusion as interpreted by the Court of Justice in the light of:
( the identity of the goods;
( the similarity between the mark against which the opposition was directed and the dominant and distinctive element of the first mark;
( the fact that the goods are targeted at the general public for everyday use
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