Notice for the OJ

 

Action brought on 29 September 2003 by Deutsche Post EURO EXPRESS GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case T-334/03)

(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 29 September 2003 by Deutsche Post EURO EXPRESS GmbH, represented by Gabriele Lindhofer.

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) of 20 June 2003 (Case R 348/2002-4) in so far as if concluded that trade mark No 1 575 521 does not satisfy the requirements of Article 7(1)(b) and (c) of Regulation No 40/94;

-    order publication of Community trade mark no 1 575 521 under Article 40 of Regulation No 40/94;

-    in the alternative, refer the case back to the Board of Appeal for determination;

-    order the defendant to pay the costs.

Pleas in law and main arguments

Community trade mark sought:    Word mark "EUROPREMIUM"- application no 1 575 521

Goods or services:    Goods and services in Classes 16, 20, 35 and 39 (including paper, goods made of wood, advertising and transport and storage)

Decision appealed to the Board of Appeal:    Refusal by the examiner to register

Decision of the Board of Appeal:        Dismissal of the appeal

Pleas in law:                    - the trade mark is sufficiently distinctive

- there is no need to preserve the availability of the mark as it is not descriptive

____________