Notice for the OJ
Action brought on 12 December 2001 by Les Editions Albert René against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case T-311/01)
Language of the case:
to be determined pursuant to Article 131(2)
of the Rules of Procedure (
Language in which the application has been drafted: 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 12 December 2001 by Les Editions Albert René, of Paris, represented by J. Pagenberg, lawyer.
A further party to the proceedings before the Board of Appeal was Trucco S.p.A., of Milan (Italy).
The applicant claims that the Court should:
(annul the decision adopted on 5 October 2001 by the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) in Case No R 1030/2000-1 and order the cancellation of trade mark No 1043090 "OStarix";
(order the Office to pay the costs.
Pleas in law and main arguments:
Applicant for the
Community trade mark:TRUCCO S.p.A.
The Community trade mark
applied for:the pictorial mark registered by the Office as "Starix" for goods in Class 9 ( Application No 1043090
Proprietor of the trade-mark
right opposed in the opposition
proceedings:the applicant
Trade-mark right opposed:the verbal mark "ASTERIX" (Reg. No 16147)
Decision of the Opposition
Division:rejection of the opposition
Decision of the Board of Appeal:rejection of the appeal
Grounds of claim:(risk of confusion between the two marks;
(infringement of Article 74(1) of Regulation (EC) No 40/94
1 .