Notice for the OJ

 

Action brought on 15 September 2003 by Citicorp against the Office for Harmonisation in the Internal Market

    (Case T-320/03)

    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 15 September 2003 by Citicorp, New York (USA), represented by Dr V. von Bomhard, Dr A. Pohlmann and Dr. A. Renck, lawyers.

The applicant claims that the Court should:

listnum "WP List 1" \l 1annul the Decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 25 June 2003 (Case R 85/2002-3);

listnum "WP List 2" \l 1order that the costs of the proceedings be borne by the Office.

Pleas in law and main arguments:

Trade mark concerned: "LIVE RICHLY" (word) - Application No. 2.112.647.

Products or services:"Financial and monetary services and real estate affairs; in particular: banking; credit card; commercial and consumer lending and financing; real estate and mortgage brokerage; trust, estate and fiduciary management, planning and consulting; investment and investment advisory and consulting; securities brokerage and trading services facilitating secure financial transactions, insurance services; in particular, underwriting and sales of property, casualty and life insurance policies and annuity contracts" (class 36).

Challenged Decision before

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

Pleas in law :Violation of Articles 7(1)(b) and 73, first and second sentences, of Regulation (EC) No 40/94.

____________