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.

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