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Document C2004/217/62

    Case T-252/04: Action brought on 18 June 2004 by Caviar Anzali against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

    ĠU C 217, 28.8.2004, p. 35–35 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

    28.8.2004   

    EN

    Official Journal of the European Union

    C 217/35

    Action brought on 18 June 2004 by Caviar Anzali against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

    (Case T-252/04)

    (2004/C 217/62)

    Language of the case: French

    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 June 2004 by Caviar Anzali, established in Colombes (France), represented by Jean-François Jésus, lawyer.

    Novomarket S.A. was also a party to the proceedings before the Second 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 19 April 2004 (Case R 479/2003-2, Caviar Anzali v Novomarket);

    —

    order the Office for Harmonisation in the Internal Market to pay the costs.

    Pleas in law and main arguments:

    Applicant for Community trade mark:

    Novomarket S.A.

    Community trade mark sought:

    Figurative mark 'Asetra' for, inter alia, goods in Classes 29 and 31 (Application No 2187805)

    Proprietor of mark or sign cited in the opposition proceedings:

    Caviar Anzali S.A.

    Mark or sign cited in opposition.

    National and international figurative mark 'Astara' for goods in Class 29

    Decision of the Opposition Division:

    Rejection of the opposition

    Decision of the Board of Appeal:

    Rejection of the appeal

    Pleas in law:

    The applicant claims that the nature of the system used before the Board of Appeal requires that the application be re-examined and that transmission of the translation after expiry of the time-limit set by the Opposition Division cannot lead to rejection of the opposition.
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