Judgment — ECLI:EU:T:2005:312
Date: 2005-09-13
Language of the case: German
Court formation: Second Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Marks contrary to public policy or to accepted principles of morality
Procedure: Action for annulment - unfounded;Action for annulment - decision unnecessary;Action for annulment - inadmissible
Origin: Germany

summary of the pleas in law. The application made by the intervener seeking the addition to the file of the decision by which the Deutsches Patent- und Markenamt ordered the removal from the register of the German trade mark 45 In that regard, it is sufficient to note that, since there is no need to rule on the applicant’s application for the Community trade mark in question to be declared invalid and the remainder of the present action must be dismissed, there is no need to rule on the application made by the intervener. Costs 46 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 this case, the applicant has been unsuccessful and OHIM has applied for costs against it. At the hearing, the intervener also applied for the applicant to be ordered to pay the costs. The fact that the intervener did not apply for costs until the hearing does not debar the Court from awarding them (Case 113/77 NTN Toyo Bearing and Others v Council [1979] ECR 1185 and the Opinion of Advocate General Warner in that case ECR 1212, 1274). The applicant should therefore be ordered to pay all the costs. On those grounds, THE COURT OF FIRST INSTANCE (Second Chamber) hereby: 1. Declares that there is no need to adjudicate on the applicant’s application for a declaration that the figurative Community trade mark including the word element INTERTOPS is invalid, or on the intervener’s application for a document to be added to the file. 2. Dismisses the remainder of the action. 3. Orders the applicant to pay all the costs. Pirrung Meij Pelikánová Delivered in open court in Luxembourg on 13 September 2005. H. Jung J. Pirrung Registrar President * Language of the case: German.