Notice for the OJ
SEQ CHAPTER \h \r 1
Action brought on 26 January 2004 by Castellblanch, S.A., against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
(Case T-29/04)
Language of the case:
to be determined pursuant to article 131(2) of the Rules of Procedure
- language in which the case was submitted: 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 26 January 2004 by Castellblanch, S.A., Sant Sadurni d'Anoia, Spain, represented by Mr F. de Visscher, Mr E. Cornu, Mr E. De Gryse and Ms D. Moreau, lawyers.
Champagne Louis Roederer S.A. 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 the Office for Harmonisation in the Internal Market of 17 November 2003
- Order the OHIM to pay the costs
Pleas in law and main arguments:
Applicant for the Community trade mark: Castellblanch S.A.
Community trade mark sought: Figurative mark "CRISTAL CASTELLBLANCH" for goods in class 33 (wine)
Proprietor of mark or sign cited in the
opposition proceedings: CHAMPAGNE LOUIS ROEDERER, S.A.
Mark or sign cited in opposition:
National word mark "CRISTAL" for goods in class 33 (champagne, sparkling wines)
Decision of the Opposition Division: Registration refused
Decision of the Board of Appeal: Appeal rejected
Pleas in law: Infringement of articles 43 and 15 of Regulation 40/941
____________1 - Council Regulation (EC) No 40/94 of 20 December 993 on the Community trade mark (OJ , p. )