Notice for the OJ
Action brought on 5 April 2002 by BetzDearborn, Inc. against the Office for Harmonisation in the Internal Market
(Case T-107/02)
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 5 April 2002 by BetzDearborn, Inc., represented by Mr Geert Glas of Allen & Overy, Brussels (Belgium).
A further party to the proceedings before the Board of appeal was Atofina Chemicals, Inc.
The applicant claims that the Court should:
- annul the Decision of the First Board of Appeal of 17 January 2002 in case R 1003/2000-1 to the extent that it annuls the Decision nr 2004/2000 of the Opposition Division of 7 September 2000; remit the case to the Opposition Division for further prosecution; order each party to bear their own costs incurred in connection with the appeal;
-Order the Office to pay all costs
Pleas in law and main arguments:
Applicant for the Community trade mark:BetzDearborn, Inc.
The Community trade mark concerned:The word mark 'BIOMATE' for certain goods in class 1
Proprietor of the right to the trade mark
or sign asserted by way of opposition in the
opposition proceedings:Elf Atochem North America, Inc. now called Atofina Chemicals Inc.
Trade mark or sign asserted by way of
opposition in the opposition proceedings:The national and international figurative marks 'Biomet' and the national word mark 'Biomet' for certain goods in classes 1 and 5
Decision of the Opposition Division:Rejection of the opposition of Atofina Chemicals Inc.
Decision of the Board of Appeal:Partial annulment of the Opposition Division's decision.
Grounds of claim:Violation of Article 17(2) of Commission Regulation 2868/951 since a translation into the language of the procedure of the evidence submitted was not filed in due time. ____________1 - Commission Regulation (EC) No 2868/95 of 13 December 1995 implementing Council Regulation (EC) No 40/94 on the Community trade mark (OJ L 303 of 15/12/1995, p. 1)