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C 146/40 EN Official Journal of the European Union 21.6.

2003

With regard to this last point, the applicant states that the Pleas in law and main arguments
right to be informed of the cause of the accusation against him
cannot be neutralised by the protection of public interest as
regards public security and international relations. Considering Applicant for Com- The applicant.
all the damages suffered by the applicant, the balance of munity trade mark:
interest is in his favour.
Community trade mark Figurative mark ‘NLSPORT’ —
sought: Application No 816 512 for
( 1) Not published in the OJ yet. goods within Classes 3, 14, 18
( 2) Council Decision of 28 October 2002 implementing Article 2(3) and 25.
of Regulation (EC) No 2580/2001 on specific restrictive measures
directed against certain persons and entities with a view to
Proprietor of mark or Naulover S.A.
combating terrorism and repealing Decision 2002/460/EC (OJ
L 295 of 30.10.2001, p. 12). sign cited in the oppo-
( 3) Council Regulation of 27 December 2001 on specific restrictive sition proceedings:
measures directed against certain persons and entities with a view
to combating terrorism (OJ L 344 of 28.12.2001, p. 70). Mark or sign cited in Community trade mark
( 4) Regulation of the European Parliament and the Council of 30 May opposition: No 13417, consisting in an N
2001 regarding public access to European Parliament, Council
superposed on an L, both in
and Commission documents (OJ L 145 of 31.5.2001, p. 43).
English characters.

Decision of the Oppo- Refusal of the opposition.


sition Division:

Decision of the Board of Annulment of the decision of the


Appeal: Opposition Division and accept-
ance of the opposition.

Action brought on 4 April 2003 by New Look Limited Pleas in law: Incorrect application of
against the Office for Harmonisation in the Internal Article 8(1)(b) of Regulation (EC)
Market (Trade Marks and Designs) (OHIM) No 40/494 (likelihood of con-
fusion).

(Case T-117/03)

(2003/C 146/72)

(Language of the case: Spanish)


Action brought on 4 April 2003 by New Look Limited
against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM)

An action against the Office for Harmonisation in the Internal


Market (Trade Marks and Designs) (OHIM) was brought before (Case T-118/03)
the Court of First Instance of the European Communities on
4 April 2003 by New Look Limited, with its official address
in Weymouth (Dorset), United Kingdom, represented by (2003/C 146/73)
R. Ballester and G. Marín, lawyers, of the firm Marks & Clerk.

(Language of the case: Spanish)


The applicant claims that the Court should:

— Annul the decision of 27 January 2003 of the Second


Board of Appeal of OHIM in Case No R95/2002-1, and 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
— Order the applicant, as well as any intervener, to pay the 4 April 2003 by New Look Limited, with its official address
costs arising from the proceedings and from Case No 95/ in Weymouth (Dorset), United Kingdom, represented by
2001-1 before the First Board of Appeal of OHIM. R. Ballester and G. Marín, lawyers, of the firm Marks & Clerk.
21.6.2003 EN Official Journal of the European Union C 146/41

The applicant claims that the Court should: The applicant claims that the Court should:

— Annul the decision of 27 January 2003 of the Second


Board of Appeal of OHIM in Case R 577/2002-1, and
— Annul the decision of 27 January 2003 of the Second
— Order the applicant, as well as any intervener, to pay the Board of Appeal of OHIM in Case R 578/2002-1, and
costs arising from the proceedings and from Case 577/
2001-1 before the First Board of Appeal of OHIM.
— Order the applicant, as well as any intervener, to pay the
costs arising from the proceedings and from Case 578/
Pleas in law and main arguments 2001-1 before the First Board of Appeal of OHIM.

Applicant for Com- The applicant.


munity trade mark:

Community trade mark Figurative mark ‘NLJEANS’ —


sought: Application No 816.454 for
goods within Classes 3, 14, 18
and 25. Pleas in law and main arguments

Proprietor of mark or Naulover S.A.


sign cited in the oppo-
sition proceedings: Applicant for Com- The applicant.
munity trade mark:
Mark or sign cited in Community figurative mark
opposition: No 13417, consisting in an N
superposed on an L, both in
English characters. Community trade mark Figurative mark ‘NLACTIVE’ —
sought: Application No 816.629 for
Decision of the Oppo- Refusal of the opposition. goods within Classes 3, 14, 18
sition Division: and 25.

Decision of the Board of Annulment of the decision of the


Appeal: Opposition Division and accept-
Proprietor of mark or Naulover S.A.
ance of the opposition.
sign cited in the oppo-
Pleas in law: Incorrect application of sition proceedings:
Article 8(1)(b) of Regulation (EC)
No 40/494 (likelihood of con-
fusion). Mark or sign cited in Community trade mark
opposition: No 13417, consisting in an N
superposed on an L, both in
English characters.

Decision of the Oppo- Refusal of the opposition.


Action brought on 4 April 2003 by New Look Limited sition Division:
against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM)
Decision of the Board of Annulment of the decision of the
(Case T-119/03)
Appeal: Opposition Division and accept-
ance of the opposition.
(2003/C 146/74)

(Language of the case: Spanish) Pleas in law: Incorrect application of


Article 8(1)(b) of Regulation (EC)
No 40/494 (likelihood of con-
fusion).
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
4 April 2003 by New Look Limited, with its official address
in Weymouth (Dorset), United Kingdom, represented by
R. Ballester and G. Marín, lawyers, of the firm Marks & Clerk.