Judgment of the Court of First Instance of 3 October 2001 in Case T-140/00: Zapf Creation AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — "New Born Baby" — Absolute grounds for refusal — Article 7(1)(b) and (c) of Regulation (EC) No 40/94)
Date: 2002-01-05
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, Germany, action for annulment (EU), toy industry

C 3/30

EN

Official Journal of the European Communities

5.1.2002

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 3 October 2001

of 19 September 2001

in Case T-140/00: Zapf Creation AG v Office for Harmon-
isation in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

in Case T-152/00: E v Commission of the European
Communities (1)

(Community trade mark — ‘New Born Baby’ — Absolute
grounds for refusal — Article 7(1)(b) and (c) of Regulation
(EC) No 40/94)

(Officials — Candidacy rejected — Infringement of the
vacancy notice — Manifest error of assessment — Discrimi-
nation — Misuse of powers)

(2002/C 3/51)

(2002/C 3/52)

(Language of the case: German)

(Language of the case: French)

In Case T-140/00: Zapf Creation AG, established in Rödental
(Germany), represented by A. Kockläuner, avocat, with an
address for service in Luxembourg, against Office for Harmon-
isation in the Internal Market (Trade Marks and Designs)
(OHIM) (Agents: D. Schennen, A. von Mühlendahl and C. Røhl
Søberg) — action brought against the decision of the Third
Board of Appeal of the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM) of 21 March 2000
(Case R 348/1999-3) relating to the registration of ‘New Born
Baby’ as a Community trade mark — the Court of First Instance
(Fourth Chamber), composed of P. Mengozzi, President, V. Tiili
and R.M. Moura Ramos, Judges; D. Christensen, Administrator,
for the Registrar, has given a judgment on 3 October 2001, in
which it:

In Case T-152/00: E, a member of the temporary staff of
the Commission of the European Communities, residing in
Brussels, represented by G. Vandersanden, Avocat, with an
address for service in Luxembourg, against the Commission of
the European Communities (Agents: G. Valsesia and J. Currall)
— first an application for annulment of the rejection of the
applicant’s candidacy for the post of head of ‘Mediterranean’
unit, Directorate ‘International role’ of the ‘Science, research
and development’ Directorate General and of the appointment
of P to that post and, secondly, a claim for damages allegedly
caused by those two decisions — the Court of First Instance
(Second Chamber), composed of A.W.H. Meij, President,
A. Potocki and J. Pirrung, Judges; J. Plingers, Administrator, for
the Registrar, gave a judgment on 19 September 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 21 March 2000 (Case R 348/1999-3);

2. Orders the Office to bear its own costs and to pay those of the

applicant.

1.

2.

dismisses the application;

orders the parties to bear their own costs.

(1) OJ C 233 of 12.8.2000.

(1) OJ C 259 of 9.9.2000.