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Document C2004/314/53

    Case T-383/04: Action brought on 22 September 2004 by Erich Drazdansky against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

    JO C 314, 18.12.2004, p. 21–22 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

    18.12.2004   

    EN

    Official Journal of the European Union

    C 314/21

    Action brought on 22 September 2004 by Erich Drazdansky against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

    (Case T-383/04)

    (2004/C 314/53)

    Language of the case: 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 22 September 2004 by Erich Drazdansky, resident in Wiener Neustadt (Austria), represented by M. Kadlicz, lawyer.

    The applicant claims that the Court should:

    —

    alter the decision of the Second Board of Appeal of the Office for Harmonisation of 23 July 2004 — R 1014/2001-2 so as to allow the appeal and refuse or reject the opposition;

    —

    in the alternative, annul the decision of OHIM and require it to reach a fresh decision on the appeal;

    —

    order OHIM to pay the costs.

    Pleas in law and main arguments:

    Applicant for Community trade mark:

    The applicant

    Community trade mark sought:

    Word mark ‘Vitacan’ for goods in Class 29 (milk drinks etc.), Class 30 (cocoa or chocolate drinks) and Class 32 (fruit drinks etc.), application No 452 284

    Decision of the Opposition Division:

    Refusal to register the mark applied for

    Decision of the Board of Appeal:

    Dismissal of the appeal

    Pleas in law:

    Infringement of Article 8(1)(b) of Regulation No 40/94 (1)

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

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