Notice for the OJ

 

Action brought on 4 September 2003 by WHG Westdeutsche Handelsgesellschaft mbH against the Office for Harmonisation in the Internal Market (Trade marks and Designs) (OHIM)

    (Case T-307/03)

    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 Designs) (OHIM) was brought before the Court of First Instance of the European Communities on 4 September 2003 by WHG Westdeutsche Handelsgesellschaft mbH, represented by U. Schuster, lawyer.

Kaufring AG, Düsseldorf (Germany) was also a party to the proceedings before the Board of Appeal.

The applicant claims that the Court should:

(annul the Decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) in Case R 52/2002-4 of 12 May 2003 in so far as paragraph 2 of the decision dismisses the appeal for the goods "jewellery" and "bags for sports equipment, suitable for carrying objects";

(order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for Community trade mark: Kaufring AG

Community trade mark sought:Figurative mark "UNICA" inter alia for goods in Classes 14, 22, 23, 24 and 28 ( Application No 41244

Proprietor of mark or sign cited

in the opposition proceedings:The applicant

Mark or sign cited in opposition:German word mark "UNI CAT" (No 2070 215 for goods in Class 25 (clothing, head coverings)

Decision of the Opposition Division:Partial rejection of the opposition

Decision of the Board of Appeal:Annulment of the Decision in relation to "artificial textile fibres" (Class 22) and "yarns and threads, for textile use" (Class 23). For the rest, dismissal of the applicant's appeal

Pleas in law:Infringement of Article 8(1)(b) of Regulation (EC) No 40/94

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