Notice for the OJ

 

Action brought on 6 June 2003 by Aneo AB against the Office for Harmonisation in the Internal Market

    (Case T-201/03)

    Language of the case: English

An action against the Office for Harmonisation in the Internal Market was brought before the Court of First Instance of the European Communities on 6 June 2003 by Aneo AB, Märsta, Sweden, represented by Mrs R. Almaraz Palmero, lawyer.

The applicant claims that the Court should:

listnum "WP List 1" \l 1annul the Decision of the Fourth Board of Appeal at OHIM of 21 February 2003 in case R 883/2001-4;

listnum "WP List 1" \l 1order the Office for Harmonisation in the Internal Market (OHIM) to permit registration of the term TIVAS as a Community Trademark in respect of the services in classes 09, 10 and 42 for which registration has been refused;

listnum "WP List 1" \l 1order the OHIM to refund the appeal fee to the applicant

listnum "WP List 1" \l 1order the Office to pay the costs of the dispute, including those relating to the procedure before the Board of Appeal.

Pleas in law and main arguments:

The Community trade mark concerned:"TIVAS" - Application No 2025716.

Products or services:Products in classes 9 (computers and peripherial devices thereto and computer software for anaesthesia and intensive care), 10 (Medical apparatus and instruments for anaesthesia and intensive care) and 42 (medical-technical development and research).

Challenged Decision before the

Board of Appeal:Refusal of the application by the examiner.

Grounds submitted:Infringement of Artice 7(1)(b) and (c) of Council Regulation (CE) No 40/94.

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