Notice for the OJ
Action brought on 18 November 2003 by Miles Handelsgesellschaft International mbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case T-385/03)
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 18 November 2003 by Miles Handelsgesellschaft International mbH, Norderstedt (Germany), represented by A. Deutsch, lawyer.
Biker Miles Motorrad Handels- und Vertriebsgesellschaft mbH, Berlin, was also a party to the proceedings before the Board of Appeal.
The applicant claims that the Court should:
annul the contested decision of the Second Board of Appeal of 9 September 2003 (Case R 174/2002-2);
order the Office to pay the costs.
Pleas in law and main arguments:
Applicant for Community trade mark:Biker Miles Motorrad Handels- und Vertriebsgesellschaft mbH
Community trade mark sought:
Coloured word/figurative mark "BIKER MILES" for goods in Classes 9 (replacement parts and accessories for two-wheeled vehicles etc.), 12 (motorcycles etc.) and 25 (equipment and clothing for the riders of two-wheeled vehicles etc.) - Application No 1 237 734.
Proprietor of mark or sign cited in the opposition proceedings:
The applicant
Mark or sign cited in opposition.The Community trade mark "MILES" for goods in Class 25.
Decision of the Opposition Division:Refusal to register the mark sought.
Decision of the Board of Appeal:
The appeal was granted and the opposition rejected.