JUDGMENT OF THE COURT OF FIRST INSTANCE (Fourth Chamber)

27 November 2003

((Community trade mark – Trade mark consisting of the word Quick – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94 – Registration refused in part)) In Case T-348/02, Quick restaurants SA, established in Brussels (Belgium), represented by L. Van Bunnen, lawyer, with an address for service in Luxembourg, applicant, v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by A. Rassat and S. Laitinen, acting as Agents, defendant, ACTION for partial annulment of the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 17 September 2002 (Case R 1117/2000-2) concerning registration of the word Quick as a Community trade mark,



THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Fourth Chamber),



composed of: V. Tiili, President, P. Mengozzi and M. Vilaras, Judges, Registrar: B. Pastor, Deputy Registrar, having regard to the written procedure and further to the hearing on 10 July 2003,

gives the following

Judgment

Background to the dispute

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─ Class 29: Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and other milk products; edible oils and fats; preserved foodstuffs included in this class; pickles; foodstuffs, pre-prepared dishes included in this Class;

─ Class 30: Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, biscuits, cakes, pastry and confectionary; honey, treacles; yeast, baking-powder; salt, mustard; pepper, vinegar, sauces (condiments); salad dressings; spices; ice for refreshment; preserved foodstuffs included in this class; foodstuffs, pre-prepared dishes included in this class;

─ Class 31: Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals; malt; foodstuffs, pre-prepared dishes included in this class;

─ Class 32: Beers, ale and porter; mineral and aerated waters and other non-alcoholic drinks; syrups and other preparations for making beverages; prepared drinks included in this class;

─ Class 42: Distribution of prepared foodstuffs and beverages for consumption; tea rooms, snack bars, sandwich bars, canteens, chip shops, restaurants, self-service restaurants, fast food restaurants, drive-in restaurants, bars, cafes and similar establishments; food services, take-away dishes and drinks; catering.

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─ Class 29: Foodstuffs, pre-prepared dishes included in this class;

─ Class 30: Coffee, tea, cocoa, artificial coffee; foodstuffs, pre-prepared dishes included in this class;

─ Class 31: Pre-prepared dishes included in this class.

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─ annul the operative part of the contested decision in so far as it partially refuses the application for a Community trade mark;

─ uphold the contested decision as to the remainder;

─ order the Office to pay the costs.

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─ dismiss the action;

─ order the applicant to pay the costs.

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On those grounds,

THE COURT OF FIRST INSTANCE (Fourth Chamber),

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Tiili Mengozzi Vilaras

H. Jung V. Tiili