Notice for the OJ

 

Action brought on 19 May 2003 by Anne Geddes against the Office for Harmonisation in the Internal Market

    (Case T-173/03)

    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 19 May 2003 by Anne Geddes, Auckland, New Zealand, represented by Mr G. Farrington, Solicitor.

The applicant claims that the Court should:

(annul the decision adopted on 13 February 2003 by the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) in case R 839/2001-4.

(order the Defendant to remit the application to its Examination Division for re-examination of Community Trade Mark number 1864107.

Pleas in law and main arguments:

The trade mark concerned:The word mark "NURSERYROOM " ( application No 1864107

Goods or service concerned:Goods in Class 16, 18, 21, 25 and 28

                    (e.g. books, clothes, plush toys)

Decision contested before the

Board of Appeal:Refusal of registration by the examiner

Decision of the Board of Appeal:Dismissal of the appeal

Grounds of claim:Misapplication of Article 7(1)(c) of Regulation (EC) No 40/94¹

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¹ - Council Regulation (EC) No 40/94 of 20.12.1993 on the Community trade mark (OJ L 11, p. 1).