Judgment — ECLI:EU:T:2008:558
Date: 2008-12-10
Language of the case: English
Court formation: Seventh Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Word marks applied for
Procedure: Action for annulment - successful

summary of the pleas in law on which the application is based. However, it must be noted that the intervener’s response does not contain a statement of the pleas in law relied upon in support of its second head of claim, which must for that reason be dismissed as inadmissible. Costs 38 Under Article 87(2) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs if they have been applied for in the successful party’s pleadings. In the present case, OHIM has been unsuccessful and the applicant has applied for OHIM to be ordered to pay the costs. 39 Under the third subparagraph of Article 87(4) of the Rules of Procedure, the Court may order an intervener to bear its own costs. In the present case, the intervener, like OHIM, has been unsuccessful but the applicant has not applied for the intervener to be ordered to bear its costs. 40 However, the applicant has applied for the intervener to be ordered to pay the costs of the proceedings before OHIM. Under Article 136(2) of the Rules of Procedure, only costs incurred by the parties for the purposes of the proceedings before the Board of Appeal are to be regarded as recoverable costs. 41 Accordingly, OHIM must be ordered to pay, in addition to its own costs, the costs relating to the present proceedings incurred by the applicant. The intervener is ordered to pay, in addition to its own costs, the costs incurred by the applicant for the purposes of the proceedings before the Board of Appeal. On those grounds, THE COURT OF FIRST INSTANCE (Seventh Chamber) hereby: 1. Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 21 June 2006 (Cases R 107/2005-2 and R 187/2005-2) in so far as it dismissed the appeal in Case R 187/2005-2; 2. Orders OHIM to bear its own costs and to pay those incurred by Giorgio Beverly Hills, Inc. during the proceedings before the Court of First Instance; 3. Orders WHG Westdeutsche Handelsgesellschaft mbH to bear its own costs and to pay those incurred by Giorgio Beverly Hills for the purposes of the proceedings before the Board of Appeal of OHIM. Forwood Moavero Milanesi Truchot Delivered in open court in Luxembourg on 10 December 2008. [Signatures] * Language of the case: English.