Judgment of the Court of First Instance of 12 December 2002 in Case T-247/01: eCopy Inc v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — ECOPY — Misuse of powers — Distinctiveness acquired through use after the date of filing — Article 7(3) of Regulation (EC) No 40/94)
Date: 2003-02-22
Institutions: Court of First Instance
Subjects: European Union Intellectual Property Office, action for annulment

C 44/28

EN

Official Journal of the European Union

22.2.2003

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 12 December 2002

in Case T-247/01: eCopy Inc v Office for Harmonisation in
the Internal Market (Trade Marks and Designs) (OHIM) (1)

rall) — application for annulment of
the Commission’s
decision of 14 December 2000 removing the applicant from
his post with no loss of pension rights — the Court of First
Instance (Fifth Chamber), composed of J. D. Cooke, President,
and K. Lenaerts and P. Lindh, Judges; D. Christensen, Adminis-
trator, for the Registrar, gave a judgment on 5 December
2002, in which it:

(Community trade mark — ECOPY — Misuse of powers —
Distinctiveness acquired through use after the date of filing
— Article 7(3) of Regulation (EC) No 40/94)

1. Dismissed the application;

(2003/C 44/53)

2. Ordered each of the parties to bear its own costs.

(Language of the case: English)

(1) OJ C 3 of 5.1.2002.

In Case T-247/01, eCopy Inc, established in Nashua, New
Hampshire (United States), represented by B. Reid, Barrister, v
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM) (Agent: E. Joly): Action brought against
the decision of the First Board of Appeal of the Office for
Harmonisation in the Internal Market
(Trade Marks and
Designs) of 13 July 2001 (Case R 47/2001-1) relating to
registration of the word ECOPY as a Community trade mark,
the Court of First Instance (Fourth Chamber), composed of:
M. Vilaras, President, V. Tiili and P. Mengozzi, Judges; J. Pling-
ers, Administrator, for the Registrar, has given a judgment on
12 December 2002, in which it:

1. Dismisses the application;

2. Orders the applicant to pay the costs.

( 1) OJ C 17 of 19.1.2002.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 5 December 2002

in Case T-277/01: Romuald Stevens v Commission of the
European Communities (1)

(Officials — Disciplinary proceedings — Criminal convic-
tion — Removal from post with no loss of pension rights —
Hearing provided for by the third paragraph of Article 7 of
Annex IX to the Staff Regulations)

(2003/C 44/54)

(Language of the case: French)

In Case T-277/01: Romuald Stevens, a former official of the
Commission of
residing in
Bertem, Belgium, represented by J.-N. Louis and V. Peere,
Lawyers, with an address for service in Luxembourg, against
Commission of the European Communities (Agent: M. J. Cur-

the European Communities,

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 28 November 2002

in Case T-332/01: José Maria Pujals Gomis v Commission
of the European Communities (1)

(Officials — Open competition — Application rejected after
written tests)

(2003/C 44/55)

(Language of the case: Spanish)

In Case T-332/01:
José Maria Pujals Gomis, residing in
Barcelona, Spain, represented by J. Pujals Gomis, Lawyer,
against Commission of the European Communities (Agents:
L. Lozano Palacios, F. Clotuche-Duvieusart, J. Rivas-Andres
and J. Gutiérrez Gisbert) — application for annulment of the
jury’s decision of 28 September 2001 in open competition
COM/B/1/01 rejecting the applicant’s application in the com-
petition and refusing to correct his written papers — the Court
of First Instance (Third Chamber), composed of M. Jaeger,
President, and K. Lenaerts and J. Azzizi, Judges; B. Pastor,
Assistant Registrar, gave a judgment on 28 November 2002,
in which it:

1. Dismissed the application;

2. Ordered each of the parties to bear its own costs.

(1) OJ C 44 of 16.2.2002.