Notice for the OJ
SEQ CHAPTER \h \r 1
Action brought on 25 November 2003 by Proteome, Inc against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
(Case T-387/03)
Language of the case: English
An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) was brought before the Court of First Instance of the European Communities on 25 November 2003 by Proteome, Inc., Beverley, Massachusetts, USA, represented by Dr Michael Edenborough, Barrister, Mr Cerryg Jones, Ms Alexandra Brodie and Ms Carina Loweth Solicitors.
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 (Trademarks and Designs) No. $ 0707/2002-4;
-Annul the decision of the Examination Division dated the 21st June 2002
-Remit Community trade mark application No. 1 544 766 to the Office so as to allow the said application to proceed to advertisement
- order the Office to pay the applicant's costs incurred by the applicant in connection with this appeal and the appeal before the Board of Appeal and the prosecution before the Examination Division.
Pleas in law and main arguments:
Applicant for Community trade mark: Proteome, Inc.
Community trade mark sought: Word mark "BIOKNOWLEDGE" for certain goods and services in Classes 9 (databases etc.), 16 (printed material etc concerning repositories of information relating to organisms) and 42 (information and computer services etc.) (application No 1544766 )
Decision of the Examination Division: Registration refused.
Decision of the Board of Appeal: Appeal rejected.
Pleas in law: misapplication of Article 7(1) (b) and (c) of Regulation 40/941.
____________1 - Council Regulation (EC) No 40/94 of 20 December 993 on the Community trade mark (OJ , p. )