Judgment of the Court of First Instance 27 February 2002 in Case T-79/00: Rewe Zentral AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — "LITE" — Observance of the rights of defence — Immaterial plea — Absolute ground for refusal — Article 7(1)(b) of Regulation (EC) No 40/94)
Date: 2002-06-15
Institutions: Court of First Instance
Subjects: EU office or agency, EU trade mark, Germany, action for annulment (EU), brand name, single market

15.6.2002

EN

Official Journal of the European Communities

C 144/41

3. Orders the defendant to pay the costs.

JUDGMENT OF THE COURT OF FIRST INSTANCE

(1) OJ C 122 of 29.4.2000.

27 February 2002

JUDGMENT OF THE COURT OF FIRST INSTANCE

27 February 2002

in Case T-79/00: Rewe Zentral AG v Office for Harmonis-
ation in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Community trade mark — ‘LITE’ — Observance of the
rights of defence — Immaterial plea — Absolute ground for
refusal — Article 7(1)(b) of Regulation (EC) No 40/94)

(2002/C 144/86)

(Language of the case: German)

In Case T-79/00, Rewe Zentral AG, established in Cologne
(Germany), represented by M. Kinkeldey, lawyer, v Office for
Harmonisation in the Internal Market
(Trade Marks and
Designs) (OHIM) (Agents: initially V. Melgar and P. von Kapff,
and, subsequently, Melgar and G. Schneider): Action brought
against the decision of the Third Board of Appeal of the Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) of 27 January 2000 (Case R 275/1999-3) concerning
the registration of ‘LITE’ 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 27 February 2002, in which it:

1. Dismisses the application;

2. Orders each party to bear its own costs.

in Case T-106/00: Streamserve Inc. v Office for Harmonis-
ation in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Community trade mark — Term STREAMSERVE — Absol-
ute grounds for refusal — Article 7(1)(b) and (c) of
Regulation (EC) No 40/94 — Prior national registrations —
Principle of non-discrimination)

(2002/C 144/87)

(Language of the case: English)

In Case T-106/00, Streamserve Inc., established in Raleigh,
North Carolina (United States of America), represented by
M. Nedstrand, lawyer, v Commission of the European Com-
munities (Agents: A. di Carlo and G. Humphreys): Action
brought against the decision of the Second Board of Appeal of
the Office for Harmonisation in the Internal Market (Trade
Marks and Designs) of 28 February 2000 (Case R 423/1999-
2) concerning registration of the term STREAMSERVE as a
Community trade mark, 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 27 March 2002, in
which it:

1. Annuls the decision of the Second Board of Appeal of the Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) of 28 February 2000 (Case R 423/1999-2) as
regards goods in the categories ‘manuals’ and ‘publications’;

2.

For the rest, dismisses the application;

3. Orders the applicant to bear it own costs and to pay two thirds
of the defendant’s costs and orders the defendant to bear one
third of its own costs.

(1) OJ C 163 of 10.6.2000.

(1) OJ C 176 of 24.6.2000.