Notice for the OJ

 

Action brought on 18 April 2003 by SUCCESS-MARKETING Unternehmensberatungsgesellschaft m.b.H. against the Office for Harmonisation in the Internal Market (Trade Marks and Design) (OHIM)

    (Case T-128/03)

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 Design) (OHIM) was brought before the Court of First Instance of the European Communities on 18 April 2003 by SUCCESS-MARKETING Unternehmensberatungsgesellschaft m.b.H., Linz (Austria), represented by G. Secklehner, lawyer, with an address for service in Luxembourg.

Chipita International S.A., Athens, was also a party to the proceedings before the Board of Appeal.

The applicant claims that the Court should:

(Annul the decision of the Board of Appeal of 13 February 2003 and/or the corrigendum of the decision of the First Board of Appeal of 13 March 2003;

(Order the defendant to pay all the costs associated with these proceedings.

Pleas in law and main arguments:

The origin of the action is the same as in Case T-380/02 (SUCCESS-MARKETING Unternehmensberatungsgesellschaft v OHIM, (OJ C 101 of 26.4.2003, p. 35)), and the pleas in law and arguments correspond to those submitted in that case.

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