Notice for the OJ
Action brought on 24 November 2003 by Dainichiseika Colour & Chemicals Mfg. Co. Ltd. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case T-389/03)
Language of the case
to be determined pursuant to Article 131(2) of the Rules of Procedure
- language in which the application was submitted: 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 24 November 2003 by Dainichiseika Colour & Chemicals Mfg. Co. Ltd., Tokyo (Japan), represented by J. Hofmann, lawyer.
Pelikan Vertriebsgesellschaft mbH & Co. KG was also a party to the proceedings before the Board of Appeal.
The applicant claims that the Court should:
annul the decision of the Second Board of Appeal of 18 September 2003 (Case R 191/2002-2);
reject the opposition in its entirety;
hold that the sign sought in Community trade mark application No 1 005 826 may be registered as a Community trade mark in respect of all the goods in Classes 1, 2 and 17 claimed in that application of 25 November 1998;
order the opponent to pay all the costs incurred by the applicant in the opposition and appeal proceedings;
order the opponent to pay the costs of the present proceedings.
Pleas in law and main arguments:
Applicant for Community trade mark:The applicant.
Community trade mark sought:Figurative mark for goods in Classes 1 (chemicals etc.), 2 (dyestuffs etc.) and 17 (plastics etc.) - Application No 1 005 826.
Proprietor of mark or sign cited in the opposition proceedings:
Pelikan Vertriebsgesellschaft mbH & Co. KG
Mark or sign cited in opposition.Community and national trade mark "Pelikan".
Decision of the Opposition Division:Refusal of the application.
Decision of the Board of Appeal:Dismissal of the applicant's appeal.