Judgment of the Court of First Instance of 3 July 2003 in Case T-122/01: Best Buy Concepts Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Figurative mark containing the word mark "best buy" — Absolute ground for refusal — Distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94)
Date: 2003-09-06
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), services company

C 213/30

EN

Official Journal of the European Union

6.9.2003

as it charges to the applicant, for the mission to the Hague of
12 to 18 August 1999, a sum overclaimed in respect of air
travel costs of BEF 1 921 instead of BEF 1 291;

President, and P. Mengozzi and M. Vilaras, Judges; J. Plingers,
Administrator, for the Registrar, has given a judgment on
25 June 2003, in which it:

2. Orders the defendant to repay to the applicant the sum of
EUR 15,62 together with interest to run from 26 June 2000,
at the rate fixed by the European Central Bank for principal
refinancing operations applicable for the period in question,
increased by two points;

1. Dismisses the application;

2. Orders the parties to bear their own costs.

3. Dismisses the remainder of the application;

(1) OJ No C 150 of 19 May 2001.

4. Orders the defendant to bear its own costs and to pay one-sixth

of those incurred by the applicant.

( 1) OJ No C 79 of 10 March 2001.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 3 July 2003

in Case T-122/01: Best Buy Concepts Inc. v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Community trade mark — Figurative mark containing the
word mark ‘best buy’ — Absolute ground for refusal —
Distinctive character — Article 7(1)(b) of Regulation (EC)
No 40/94)

(2003/C 213/58)

(Language of the case: German)

In Case T-122/01, Best Buy Concepts Inc., established in Eden
Prairie, Minnesota (United States), represented by S. Rojahn,
lawyer, v Office for Harmonisation in the Internal Market
(Trade Marks and Designs)
(OHIM) (Agent: G. Schneider):
Application for annulment of the decision of the Third Board
of Appeal of the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) of 21 March 2001 (Case
R 44/2000-3) concerning an application for registration of a
figurative mark containing the word mark ‘best buy’ as a
Community trade mark, the Court of First Instance (Second
Chamber), composed of: N.J. Forwood, President, J. Pirrung
and A.W.H. Meij, Judges; D. Christensen, Administrator, for
the Registrar, has given a judgment on 3 July 2003, in which
it:

1. Dismisses the application;

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 25 June 2003

in Case T-72/01 Norman Pyres v Commission of the
European Communities (1)

(Officials — Internal competition — Exclusion from the oral
test)

(2003/C 213/57)

(Language of the case: French)

In Case T-72/01 Norman Pyres, a former member of the
temporary staff, residing in Brussels (Belgium), represented by
G. Vandersanden and L. Levi, avocats, against the Commission
of the European Communities (Agent: J. Currall) — application
for annulment of the decision of
the Selection Board in
competition COM/TA/99 excluding the applicant from the
oral test in the competition and of all subsequent operations
and acts in the competition and, additionally, a claim for
damages for the loss allegedly suffered by the applicant — the
Court of First Instance (Fourth Chamber), composed of V. Tiili,

6.9.2003

EN

Official Journal of the European Union

C 213/31

2. Orders the applicant to pay the costs.

2. Orders the applicant to pay the costs.

( 1) OJ C 227 of 11.8.2001.

(1) OJ C 245 of 1.9.2001.

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 9 July 2003

of 3 July 2003

in Case T-156/01: Laboratorios RTB, SL v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

in Case T-129/01: José Alejandro, SL v Office for Harmon-
isation in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Community trade mark — Opposition procedure — Earlier
national word marks BUD — Application for Community
word mark BUDMEN — Relative ground for refusal —
Article 8(1)(b) of Regulation No 40/94)

(Community trade mark — Invalidity proceedings —
Article 52(1)(a) of Regulation (EC) No 40/94 — Earlier
figurative and word marks containing the word GIORGI —
Application for Community word mark GIORGIO AIRE —
Relative ground for refusal — Article 8(1)(b) of Regulation
No 40/94 — Proof of use — Article 56(2) and (3) of
Regulation No 40/94)

(2003/C 213/59)

(Language of the case: Spanish)

(United States),

In Case T-129/01, José Alejandro SL, established in Alicante
(Spain), represented by I. Temiño Ceniceros, lawyer, v Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (Agents: F. López de Rego and J.F. Crespo
Carrillo); Intervener, Anheuser-Busch Inc., established in Saint
Louis, Missouri
represented by V. von
Bomhard, lawyer: 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 20 March 2001
(Case R 230/2000-1), concerning an opposition procedure
between Anheuser-Busch Inc. and José Alejandro SL, the
Court of First Instance (Second Chamber), composed of:
N.J. Forwood, President, J. Pirrung and A.W.H. Meij, Judges;
J. Palacio González, Principal Administrator, for the Registrar,
has given a judgment on 3 July 2003, in which it:

1. Dismisses the action;

(2003/C 213/60)

(Language of the case: Spanish)

In Case T-156/01, Laboratorios RTB, SL, established in Bigues
i Riells (Spain), represented by A. Canela Giménez, lawyer, v
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM) (Agents: O. Montalto and J.F. Crespo
Carrillo): 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 11 April 2001 (Case
R 258/2000-1), the Court of First Instance (Fourth Chamber),
composed of: V. Tiili, President, P. Mengozzi, and M. Vilaras,
Judges; B. Pastor, Deputy Registrar, has given a judgment on
9 July 2003, in which it:

1. Dismisses the application;

2. Orders the applicant to pay the costs.

(1) OJ C 259 of 15.9.2001.