Notice for the OJ

 

Action brought on 7 February 2003 by DaimlerChrysler AG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

    (Case T-39/03)

    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 7 February 2003 by DaimlerChrysler AG, Stuttgart, Germany, represented by M. Trimborn, lawyer.

AXON Leasing GmbH, Grasbrunn, Germany, was also a party to the proceedings before the Board of Appeal.

The applicant claims that the Court should:

(annul the decision of the Fourth Board of Appeal of 4 November 2002 in appeal No R 329/2001-4 and dismiss the appeal;

(order the defendant Office to pay the costs.

Pleas in law and main arguments:

Applicant for Community trade mark:The applicantCommunity trade mark sought:The word mark "AXOR" for goods and services in Classes 12 and 37 (automobiles and parts therefor (included in Class 12) and motor vehicle maintenance and repair) ( application No 1111061Proprietor of mark or sign cited in the opposition proceedings:

AXON Leasing GmbHMark or sign cited in opposition:The German word/figurative mark "AXON" (No 1108589) for goods and services in classes 10, 12, 35 and 36Decision of the Opposition Division:

Rejection of the oppositionDecision of the Board of Appeal:Annulment of the decision of the Opposition Division and referral of the case back to the Opposition DivisionPleas in law:(There is no similarity between the marks opposed, within the meaning of Article 8(1)(b) of Regulation (EC) No 40/94. ¹

(There is no likelihood of confusion.

____________

¹ - (Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1)