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C 124/24 EN Official Journal of the European Union 24.5.

2003

Action brought on 27 February 2003 by Henkel KGaA Decision of the Board of Mr. Brutsaert’s appeal allowed in
against the Office for Harmonisation in the Internal Appeal: part. Application to register may
Market (Trade Marks and Designs) (OHIM) proceed also in respect of the
goods ‘cleaning, polishing, scour-
ing and abrasive preparation’ in
(Case T-67/03) Class 3. Mr. Brutsaert’s appeal
dismissed for the remainder;
Opponent’s appeal dismissed.
(2003/C 124/42)

Pleas in law: — misapplication of Arti-


(Language of the case: English) cle 43(2) and (3) of Regu-
lation 40/94 (1). The appli-
cant challenges the Board of
Appeal’s findings in relation
An action against the Office for Harmonisation in the Internal to the issue of using and thus
Market (Trade Marks and Designs) (OHIM) was brought before maintaining entitlement to
the Court of First Instance of the European Communities on the national mark ‘CIDE’.
27 February 2003 by Henkel KgaA, Düsseldorf, Germany,
represented by Dr C. Osterrieth, lawyer, with an address for — misapplication of Arti-
service in Luxembourg. Koen Brutsaert was also a party to the cle 8(1)(b) of Regulation 40/
proceedings before the Board of Appeal. 94. The applicant challenges
the Board of Appeal’s find-
ings regarding the issue of
similarity of goods.
The applicant claims that the Court should:

— annul the decision of the First Board of Appeal of the


OHIM of 17 December 2002 in the appeal proceedings (1 ) Council Regulation (EC) No 40/94 of 20 December 1993 on the
No R 940/2001-1; Community trade mark (OJ 11, p. 1).

— order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for Com- Koen Brutsaert


munity trade mark:
Action brought on 26 February 2003 by Bernard Zaoui,
Community trade mark Figurative mark ‘Professional Lucien Zaoui and Déborah Stain, née Zaoui against the
sought: Hygiene CID lines’ for certain Commission of the European Communities
goods in Classes 1, 3 and 5 (appli-
cation No 506618)
(Case T-73/03)
Proprietor of mark or Henkel KGaA
sign cited in the oppo-
sition proceedings: (2003/C 124/43)

Mark or sign cited in National marks ‘CIDE’ (for certain


opposition: goods in classes 1 and 5) and ‘CID’ (Language of the case: French)
(in respect of certain goods in
Classes 1 and 3.

Decision of the Oppo- Opposition upheld for part of the


sition Division: contested goods, namely ‘bleach-
ing preparations and other sub- An action against the Commission of the European Communi-
stances for laundry use; cleaning, ties was brought before the Court of First Instance of the
polishing, scouring and abrasive European Communities on 26 February 2003 by Bernard
preparation’ (Class 3). The appli- Zaoui, residing in Combs-la-Ville (France), Lucien Zaoui,
cation for registration may pro- residing in Netanya (Israel), and Déborah Stain, née Zaoui,
ceed for the remaining goods of residing in Ramat Gan (Israel), represented by Jean Alex
the application. Buchinger, lawyer.