Case T-79/01: Action brought on 5 April 2001 by Robert Bosch GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2001-06-30
Institutions: Court of First Instance
Subjects: European Union Intellectual Property Office, action for annulment (EU), mechanical equipment, spare part, trade mark

C 186/10

EN

Official Journal of the European Communities

30.6.2001

Action brought on 5 April 2001 by Robert Bosch GmbH
against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs)

(Case T-79/01)

(2001/C 186/15)

(Language of the case: German)

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on
5 April 2001 by Robert Bosch GmbH, of Stuttgart (Germany),
represented by Stefan Völker, Rechtsanwalt, with an address
for service in Luxembourg.

The applicant claims that the Court should:

— annul the decision adopted on 31 January 2001 by the
First Board of Appeal of the Office for Harmonisation in
the Internal Market (Trade Marks and Designs) in the
appeal
number
R 124/2000-1 concerning Community trade mark appli-
cation No 761 270;

proceedings

registered

under

— order the defendant Office to pay the costs.

— Registration of the mark in
question would accord with
the
the other
decision-making practice fol-
lowed by
the Boards of
Appeal.

aspects of

— Infringement,

alternatively
misinterpretation,
of
Article 7(1)(b) and (c) of Regu-
lation No 40/94.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

Action brought on 9 April 2001 by Barbara Diehl-Leistner
against the Commission of the European Communities

(Case T-80/01)

(2001/C 186/16)

Pleas in law and main arguments

(Language of the case: German)

Applicant for the Com-
munity trade mark:

the applicant

The trade mark con-
cerned:

the verbal mark ‘Kit Pro’

Goods or service con-
cerned:

goods and services in Class 12
(parts for repairing drum brakes
in land vehicles)

Decision
before
Appeal:

contested
the Board of

refusal of the application for regis-
tration of the mark

Grounds of claim:

— The mark is not descriptive
within
of
Article 7(1)(c) of Regulation
(EC) No 40/94 (1).

the meaning

— There is no need to keep the

mark free.

— The mark possesses the mini-
mum level of distinctiveness
necessary for trade-mark pro-
tection.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 9 April 2001 by Barbara Diehl-
Leistner, Luxembourg, represented by Lex Thielen, Lawyer,
with an address for service in Luxembourg.

The applicant claims that the Court should:

— annul the decision notified to the applicant by letter of
the selection board for Competition COM/A/12/98, 02
of 17 April 2000 that she is not included on the list of
successful candidates in the open competition and the
decision of 17 January 2001 rejecting her complaint of
4 July 2000;

— order the defendant to pay the costs.

Pleas in law and main arguments

The applicant took part in Open Competition COM/A/12/98,
02 and was informed that she was not placed on the list of
successful candidates in the competition because she did not
achieve the minimum mark in the oral test. Her complaint
against that decision was rejected by the defendant.