exhausted by having to hear too many Community trade mark cases
Next week will be a hugely active one for the EU's Court of First Instance, so far as Community trade marks are concerned. The Diary for next Wednesday, 11 May, shows the following items:
* Judgment in Joined Cases T-160/02, T-161/02, T-162/02 Naipes Heraclio Fournier v OHIM - France Cartes (Epée d'un jeu de cartes). This is an action for annulment of a Community trade mark, brought by the proprietor of the graphic mark consisting of a sword, for goods falling within Class 16 (playing cards), against decision R 771/2000-2 of the Second Board of Appeal of 28 February 2002.If that weren't enough, there's more the next day, Thursday, 12 May:
* Judgment T-390/03 CM Capital Markets v OHIM - Caja de Ahorros de Murcia (CM). This is an action brought by the owner of a national figurative mark CAPITAL MARKETS CM for services in Classes 35, 36, 38 and 42 against Decision R-244/2003-1 of the First Board of Appeal of 17 September 2003, annulling the Opposition Division's decision partially refusing registration of the figurative mark "CM" for goods and services in Classes 1 to 42.
* Hearing T-262/04 Bic v OHIM (Forme d'un briquet à pierre). This is an action for annulment of Decision R 468/2003-4 of the Fourth Board of Appeal of 6 April 2004, dismissing the appeal brought against the examiner's refusal to register a three-dimensional trade mark in the shape of a lighter with a flint, for goods in Class 34. This case goes hand-in-hand with Hearing T-263/04 Bic v OHIM (Forme d'un briquet électronique), an application to annul Decision R 469/2003-4 of the Fourth Board of Appeal of 6 April 2004, which dismissed the appeal brought against the examiner's decision to refuse registration of a three-dimensional trade mark in the shape of an electronic lighter, for goods in Class 34.
* Judgment T-31/03 Grupo Sada v OHIM - Sadia (GRUPO SADA). . This is an action by a Community trade mark applicant in respect of the figurative mark GRUPO SADA for certain goods in Classes 29, 31 and 35. He seeks annulment of decision R 567/2001-1 of the First Board of Appeal of 20 November 2002, dismissing his appeal against the Opposition Division's ruling in favour of the proprietor of a national figurative trade mark SADIA for certain goods in Class 29.
* Hearing T-423/04 Bunker & BKR v OHIM - Marine Stock (B.K.R.). This is an action for annulment brought by the successor in title to the applicant to register the figurative mark BKR for products falling within classes 18, 25 and 39 against decision R 458/2002-4 of the Fourth Board of Appeal of 30 June 2004, dismissing the appeal against the Opposition Division's decision to refuse in part the registration of its mark in opposition proceedings brought by the owner of the national word mark BK RODS for goods in class 25.
* Hearing T-274/03 Focus Magazin Verlag v OHIM - France Telecom (Focus One). This action is brought by the proprietor of a national word mark FOCUS in respect of goods and services in Classes 9, 16, 35, 36, 37, 38, 41 and 42 against Decision R 849/2001-4 of the Fourth Board of Appeal to dismiss an appeal against the decision of the Opposition Division to reject an opposition to registration of the Community word mark "Focus One" for goods and services in Classes 9, 35, 38 and 42.The Diary for the following week will however bring cheer to the hearts of judges suffering a bad case of trade mark fatigue -- Europe's finest have been given a whole week off. Merpel asks, is this break in honour of the International Trademark Association's Meeting in San Diego?
* Hearing T-275/03 Focus Magazin Verlag v OHIM - ECI Telecom (Hi-FOCuS). This action, also brought by the proprietor of the national word mark FOCUS for a slightly different selection of goods and services (Classes 3, 5-9, 14-16, 18, 20, 21, 24-26, 28-30, 33, 34, 38, 39, 41 and 42), takes issue with Decision R 913/2001-4 of the Fourth Board of Appeal of 30 April 2003 to dismiss its appeal against the decision of the Opposition Division to reject its opposition to registration of the Community word mark "Hi FOCuS" for goods and services in Classes 9 and 38.