Notice for the OJ
Action brought on 9 December 2002 by Wieland-Werke AG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case T-367/02)
Language of the case: German
An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) was brought before the Court of First Instance of the European Communities on 9 December 2002 by Wieland-Werke AG, Ulm (Germany), represented by S. Gruber and F. Graf von Stosch, lawyers.
The applicant claims that the Court should:
(annul the decision of the defendant of 25 September 2002 in the appeal procedure R 338/2001-1;
(order the defendant to pay the costs.
Pleas in law and main arguments
Community trade mark applied for:Word mark "SnTEM" (
Application No 1421734
Goods or services:Goods in Class 6 (inter alia, metallic semi-finished products in the form of sheets, trips, wires, tubes, sections and rods)
Decision before the Board
of Appeal:Refusal of registration by the examiner
Decision of the Board of Appeal:Dismissal of appeal
Pleas in law:- Infringement of Article 7(1)(b) and (c) of Regulation (EC) No 40/94 since the mark is not descriptive.
...
____________