Notice for the OJ

 

    

Action brought on 14 March 2002 by Classen Holding KG against the Office for Harmonisation in the Internal Market

    (Case T-71/02)

    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 14 March 2002 by Classen Holding KG, represented by Mr Stephan von Petersdorff-Campen of Rospatt Osten Pross Rechtsanwälte, Düsseldorf (Germany).

The applicant claims that the Court should:

listnum "WP List 1" \l 1annul the Decision of the Second Board of Appeal of the Office dated 14 December 2001 (Appeal No. R0810/1999-2), registered letter of notification of the Decision received on 14 January 2002;

listnum "WP List 1" \l 1order the Office to bear the costs of the action.

Pleas in law and main arguments:

Applicant of the Community trade mark:

Trade mark concerned:

Proprietor of an opposing trade mark or sign:

Opposing trade mark or sign:

Decision of the Opposition Division:

Decision of the Board of Appeal:

Pleas in law relied on:

International Paper Company

Word mark BECKET EXPRESSION - Application No 93880 for certain goods in class 16

Classen Holding KG

Word mark Expression for certain goods in class 16

Rejection of the opposition

To declare the appeal inadmissible and reject the request for restitutio in integrum

Incorrect interpretation of Article 78 of Council Regulation No 40/94 - Infringement of the applicant's right to due process of law

____________