Judgment of the Court of First Instance of 20 November 2002 in Joined Cases T-79/01 and T-86/01: Robert Bosch GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Kit Pro and Kit Super Pro — Absolute grounds for refusal — Article 7(1)(b) of Regulation (EC) No 40/94)
Date: 2003-01-25
Institutions: Court of First Instance
Subjects: European Union Intellectual Property Office, action for annulment (EU), mechanical equipment, spare part, trade mark

25.1.2003

EN

Official Journal of the European Communities

C 19/31

the Board of Appeal of the Office for Harmonisation in
the Internal Market (Trade Marks and Designs) being ELS
Educational Services, Inc., established in Culver City, California
(United States): 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 18 October
2000 (Case R 074/2000-3), the Court of First Instance (Fourth
Chamber), composed of: M. Vilaras, President, V. Tiili and
P. Mengozzi, Judges; D. Christensen, Administrator, for the
Registrar, has given a judgment on 23 October 2002, 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) (OHIM) of 18 October 2000 (Case R 074/2000-
3) in so far as it relates to the analysis of the likelihood of
confusion between the conflicting marks;

2.

For the rest, dismisses the application;

3. Orders the defendant to bear its own costs and pay two thirds
of the costs incurred by the applicant. The applicant shall bear
one third of its own costs.

Office for Harmonisation in the Internal Market (Trade Marks
and Designs) of 31 October 2000 (Joined Cases R 728/1999-
2 and R 792/1999-2), relating to opposition proceedings
between Hukla Germany SA and Matratzen Concord GmbH,
the Court of First Instance (Fourth Chamber), composed
of: M. Vilaras, President, V. Tiili and P. Mengozzi, Judges;
D. Christensen, Administrator, for the Registrar, has given a
judgment on 23 October 2002, in which it:

1. Dismisses the application;

2. Orders the applicant to pay the costs.

(1) OJ C 108 of 7.4.2001.

( 1) OJ C 79 of 10.3.2001.

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 23 October 2002

in Case T-6/01: Matratzen Concord GmbH v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Community trade mark — Opposition — Relative grounds
for refusal — Similarity between two trade marks —
Likelihood of confusion — Article 8(1)(b) of Regulation
(EC) No 40/94 — Application for a figurative Community
trade mark containing the word ‘Matratzen’ — Earlier word
trade mark MATRATZEN)

(2003/C 19/57)

(Language of the case: German)

In Case T-6/01, Matratzen Concord GmbH, formerly Matratzen
Concord AG, established in Cologne (Germany), represented
by W.-W. Wodrich, avocat, v Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (OHIM) (Agents:
A. von Mühlendahl, G. Schneider and E. Joly): Action brought
against the decision of the Second Board of Appeal of the

of 20 November 2002

in Joined Cases T-79/01 and T-86/01: Robert Bosch GmbH
v Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (OHIM) (1)

(Community trade mark — Kit Pro and Kit Super Pro —
Absolute grounds for refusal — Article 7(1)(b) of Regulation
(EC) No 40/94)

(2003/C 19/58)

(Language of the case: German)

In Joined Cases T-79/01 and T-86/01, Robert Bosch GmbH,
established in Stuttgart (Germany), represented by S. Völker,
lawyer, with an address for service in Luxembourg, v Com-
mission of the European Communities (Agent: G. Schneider):
Actions brought against two decisions of the First Board of
Appeal of the Office for Harmonisation in the Internal Market
(Trade Marks and Designs) of 31 January 2001 (Cases R 124/
2000-1 and R 123/2000-1) on the registration of Kit Pro and
Kit Super Pro respectively as Community trade marks, the
Court of First
Instance (Fourth Chamber), composed of:
M. Vilaras, President, V. Tiili and P. Mengozzi, Judges; D. Chris-
tensen, Administrator, for the Registrar, has given a judgment
on 20 November 2002, in which it:

C 19/32

EN

Official Journal of the European Communities

25.1.2003

1. Dismisses the applications;

JUDGMENT OF THE COURT OF FIRST INSTANCE

2. Orders the applicant to pay the costs.

of 23 October 2002

( 1) OJ C 186 of 30.6.2001.

in Case T-104/01: Claudia Oberhauser v Office for Har-
monisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Community trade mark — Opposition — Earlier figurative
mark containing the term ‘miss fifties’ — Application for
Community word mark ‘Fifties’ — Relative ground for
refusal — Likelihood of confusion — Article 8(1)(b) of
Regulation (EC) No 40/94)

JUDGMENT OF THE COURT OF FIRST INSTANCE

(2003/C 19/60)

of 26 November 2002

(Language of the case: German)

in Case T-103/01: Michael Cwik v Commission of the
European Communities (1)

(Officials — Reorganisation of the Commission’s adminis-
trative structures — Redeployment — Reasons — Interest
of the service — Misuse of power — Duty of care)

(2003/C 19/59)

(Language of the case: French)

In Case T-103/01: Michael Cwik, an official of the Commission
of the European Communities, residing in Tervuren (Belgium),
represented by N. Lhoëst, avocat, with an address for service
in Luxembourg, against Commission of the European Com-
munities (Agents: J. Currall, D. Waelbroeck and J. Waldron) —
application, in the first place, for annulment of the Commission
decision transferring the applicant from the ‘Economic Infor-
mation, Publications and Documentation’ Unit, which first
became the ‘Information: EURO, EMU’ Unit and subsequently
became Unit 4 ‘Communications Policy in regard to Monetary
Union’, to the ‘General Coordination, Human Resources and
Administration’ Unit, which became Unit 1 ‘Human Resources
Coordination; Information and Administration’, within the
‘Economic and Financial Affairs’ Directorate-General, and,
second,
for compensation — the Court of First Instance
(Second Chamber), composed of: R.M. Moura Ramos, Presi-
dent,
Judges; D. Christensen,
Administrator, for the Registrar, has given a judgment on
26 November 2002, the operative part of which is as follows:

J. Pirrung and A.W.H. Meij,

1.

2.

The application is dismissed;

The parties shall bear their own costs.

( 1) OJ C 227 of 11.08.2001.

In Case T-104/01, Claudia Oberhauser, established in Munich
(Germany), represented by M. Graf,
lawyer, v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (Agent: G. Schneider), the other party to the
proceedings before the Board of Appeal of the Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) being Petit Liberto, SA, established in Vidreres (Spain):
Action brought against the decision of the Second Chamber
Board of Appeal of the Office for Harmonisation in the
Internal Market (Trade Marks and Designs) of 28 February
2001 (Case R 757/1999-2), the Court of First Instance (Fourth
Chamber), composed of: M. Vilaras, President, V. Tiili and
P. Mengozzi, Judges; D. Christensen, Administrator, for the
Registrar, has given a judgment on 23 October 2002, in which
it:

1. Dismisses the application;

2. Orders the applicant to pay the costs.

(1) OJ C 227 of 11.8.2001.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 7 November 2002

in Case T-199/01: G v Commission of the European
Communities (1)

(Officials — Social security — Refusal to reimburse medical
expenses — Inefficacious treatment)

(2003/C 19/61)

(Language of the case: French)

In Case T-199/01: G, an official of the Commission of the
European Communities, residing in Ispra (Italy), represented by