Notice for the OJ
Action brought on 10 December 2001 by Henkel KGaA against the Office for Harmonisation in the Internal Market
(Case T-308/01)
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 10 December 2001 by Henkel KGaA, represented by Mr Holger Wissel and Dr Christian Osterrieth (Clifford Chance Pünder) of Düsseldorf (Germany).
The applicant claims that the Court should:
- annul the decision of the Third Board of Appeal of the OHIM of 12 September 2001 in appeal proceedings no. R 738/2000-3
listnum "WP List 1" \l 1order the defendant to pay the costs of the action
Pleas in law and main arguments:
Applicant for the Community trade mark:LHS Ltd.
The Community trade mark concerned:The word mark "Kleencare" for goods in classes 1, 3, 5 and 42.
Proprietor of the right to the trade mark
or sign asserted by way of opposition in the
opposition proceedings:Henkel KGaA
Trade mark or sign asserted by way of
opposition in the opposition proceedings:The German word mark "Carclin" for goods in classes 1 and 2.
Decision of the Opposition Division:Rejection of the opposition by Henkel KGaA
Decision of the Board of Appeal:Dismissal of the appeal lodged by Henkel KGaA
Grounds of claim:Violation of Articles 57 and following of regulation 40/94
1 in that the Board of Appeal can review fully the decisions of the Opposition Division. Furthermore, violation of Article 76 (1) (f) of Regulation 40/94 by the refusal of a statement made by a person connected with the applicant.