Judgment of the Court of First Instance of 31 January 2001 in Case T-135/99: Taurus-Film GmbH & Co v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Term CINE ACTION — Absolute grounds for refusal — Article 7(1)(c) of Regulation (EC) No 40/94)
Date: 2001-05-05
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), data recording

C 134/18

EN

Official Journal of the European Communities

5.5.2001

(Agents:

Bar, with an address for service in Luxembourg at the offices
of Société de Gestion Fiduciaire SARL, 13 Avenue du Bois, v
J. Schoo, H. von Hertzen,
European Parliament
D. Moore and D. Waelbroeck) — application,
for
annulment of the decisions of the Parliament not to appoint the
applicants to the post of Director-General of the Directorate-
General for Finance and Financial Control and of the decision
appointing another candidate to that post and, second, for
damages — the Court of First Instance (Fifth Chamber),
composed of: R. Garcı´a-Valdecasas, President, and P. Lindh
and J.D. Cooke, Judges; H. Jung, Registrar, has given a judgment
on 16 January 2001, in which it:

first,

1. Dismisses the actions;

2. Orders the parties to bear their own costs.

— cultural activities; organisation and conducting of shows,
quizzes and musical events and conducting competitions
in the entertainment field, with a view to their broadcast-
ing either at a subsequent
time or live on radio or
television; production of television and radio advertising
broadcasts including associated prize game broadcasts;
organising competitions in the entertainment field; organ-
ising concerts, theatre events and variety shows, all falling
under Class 41;

— management and exploitation of copyright and industrial
property rights for others; technical consultancy in the
field of multimedia, interactive television and Pay TV (in
so far as included in Class 42); computer programming,
including video and computer games, all falling under
Class 42;

(1) OJ C 246 of 28.8.1999 and OJ C 265 of 18.9.1999.

2. Dismisses the appeal as to the remainder;

3. Orders the parties to bear their own costs.

(1) OJ C 246 of 28.8.99.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 31 January 2001

in Case T-135/99: Taurus-Film GmbH & Co v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Community trade mark — Term CINE ACTION — Absol-
ute grounds for refusal — Article 7(1)(c) of Regulation (EC)
No 40/94)

(2001/C 134/38)

(Language of the case: German)

In Case T-135/99: Taurus-Film GmbH & Co, established
in Unterföhring (Germany), represented by R. Schneider,
Rechtsanwalt, Bremen, with an address for service in Luxem-
bourg at the Chambers of M. Loesch, 11 Rue Goethe, against
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM) (Agents: D. Schennen and S. Bonne) —
application for annulment of the decision of the Third Board
of Appeal of the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) of 19 March 1999 (Case
R 98/98-3), concerning the registration of the term CINE
ACTION as a Community trade mark — the Court of First
Instance (Second Chamber), composed of: J. Pirrung, President,
A. Potocki and A.W.H. Meij, Judges; G. Herzig, Administrator,
for the Registrar, has given a judgment on 31 January 2001,
in which it:

1. Annuls the decision of the Third Board of Appeal of the Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) of 19 March 1999 (Case R 98/98-3) in so far as it
concerns the following services:

— allocation and transfer of rights of access for users of
various communication networks, falling under Class 38;

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 31 January 2001

in Case T-136/99: Taurus-Film GmbH & Co v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Community trade mark — Term CINE COMEDY —
Absolute grounds for refusal — Article 7(1)(c) of Regulation
(EC) No 40/94)

(2001/C 134/39)

(Language of the case: German)

In Case T-136/99: Taurus-Film GmbH & Co, established
in Unterföhring (Germany), represented by R. Schneider,
Rechtsanwalt, Bremen, with an address for service in Luxem-
bourg at the Chambers of M. Loesch, 11 Rue Goethe, against
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM) (Agents: D. Schennen and S. Bonne) —
application for annulment of the decision of the Third Board
of Appeal of the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) of 19 March 1999 (Case
R 97/98-3), concerning the registration of the term CINE
COMEDY as a Community trade mark — the Court of First
Instance (Second Chamber), composed of: J. Pirrung, President,
A. Potocki and A.W.H. Meij, Judges; G. Herzig, Administrator,
for the Registrar, has given a judgment on 31 January 2001,
in which it: