Judgment of the Court of First Instance of 9 July 2003 in Case T-234/01, Andreas Stihl AG & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Colours — Combination of orange and grey — 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), hand tool, trade-mark law

C 213/32

EN

Official Journal of the European Union

6.9.2003

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 9 July 2003

in Case T-162/01: Laboratorios RTB, SL v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Community trade mark — Opposition procedure — Earlier
figurative and word marks containing the word GIORGI —
Application for Community word mark GIORGIO BEVER-
LY HILLS — Relative ground for refusal — Article 8(1)(b)
of Regulation (EC) No 40/94)

(2003/C 213/61)

(Language of the case: Spanish)

In Case T-162/01, 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), 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: Giorgio Beverly Hills,
Inc., established in Santa Monica, California (United States of
America): 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 30 April 2001
(Case R 122/2000-1), 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 303 of 27.10.2001.

of 9 July 2003

in Case T-234/01, Andreas Stihl AG & Co. KG v Office
for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM) (1)

(Community trade mark — Colours — Combination of
orange and grey — Absolute ground for refusal — Distinc-
tive character — Article 7(1)(b) of Regulation (EC) No 40/
94)

(2003/C 213/62)

(Language of the case: German)

In Case T-234/01, Andreas Stihl AG & Co. KG, established in
Waiblingen (Germany), represented by S. Völker and A. Klett,
lawyers, with an address for service in Luxembourg, against
the Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (OHIM) (Agent: G. Schneider) — appli-
cation for annulment of the decision of the First Board of
Appeal of the Office for Harmonisation in the Internal Market
(Trade Marks and Designs) of 24 July 2001 (Case R 477/2000-
1), refusing registration of a combination of the colours orange
and grey as a Community trade mark, the Court of First
Instance (Fourth Chamber), composed of V. Tiili, President,
P. Mengozzi and M. Vilaras, Judges; Registrar: B. Pastor,
Assistant Registrar, has given a judgment on 9 July 2003 in
which it:

(1) Dismisses the action.

(2) Orders the applicant to pay the costs.

(1) OJ 2001 C 348.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 8 July 2003

in Case T-65/02: Michelle Chetaud v European Parlia-
ment (1)

(Officials — Pension — Weighting applicable — Proof of
residence — Suspension of measure — Effect on the burden
of proof)

(2003/C 213/63)

(Language of the case: French)

In Case T-65/02: Michelle Chetaud, former official of the
European Parliament, residing in Nice (France), represented by