Judgment of the Court of First Instance of 25 November 2003 in Case T-286/02: Oriental Kitchen SARL v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition proceedings — Application for the Community word mark KIAP MOU — Earlier national word marks MOU — Refusal to register)
Date: 2004-01-24
Institutions: Court of First Instance
Subjects: European Union Intellectual Property Office, action for annulment (EU), meat processing industry, trade-mark law

24.1.2004

EN

Official Journal of the European Union

C 21/33

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 26 November 2003

in Case T-222/02: HERON Robotunits GmbH v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Community trade mark — Word mark ROBOTUNITS —
Absolute grounds for refusal — Article 7(1)(c) of Regulation
(EC) No 40/94 — Descriptive character)

against Economic and Social Committee of the European
Communities (Agents: M. Bermejo Garde and D. Waelbroeck)
— application for annulment of the decisions of the Bureau
of the Economic and Social Committee of the European
Communities of 20 September 2001 rejecting the applicant’s
candidature for the post of head of the Italian Translation
and Transcription Division of the Logistics and Translation
Directorate and the decision of 16 October 2001 appointing
another candidate to the post — the Court of First Instance
(Fifth Chamber), composed of R. García-Valdecasas, President,
and P. Lindh and J. D. Cooke, Judges; J. Palacio González,
Principal Administrator, for the Registrar, gave a judgment on
11 November 2003, in which it:

(2004/C 21/69)

(Language of the case: German)

In Case T-222/02, HERON Robotunits GmbH, established
in Lustenau (Austria), represented by M. Bergermann and
R. Hackbarth,
lawyers, v Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (OHIM) (Agents:
S. Bonne and G. Schneider): Action against the decision of the
First Board of Appeal of the Office for Harmonisation in the
Internal Market (Trade Marks and Designs) of 6 May 2002
(Case R 1095/2000-1) refusing to register the word mark
ROBOTUNITS as a Community trade mark, the Court of First
Instance (Fourth Chamber), composed of: V. Tiili, President,
P. Mengozzi and M. Vilaras, Judges; J. Plingers, Administrator,
Registrar, has given a judgment on 26 November 2003, in
which it:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 233 of 28.9.2002.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 11 November 2003

in Case T-248/02: Carla Faita v Economic and Social
Committee of the European Communities (1)

(Officials — Vacancies — Article 29(1) of the Staff Regu-
lations — Appointments procedure — Manifest error of
assessment — Statement of reasons)

(2004/C 21/70)

(Language of the case: French)

In Case T-248/02: Carla Faita, official of the Economic and
Social Committee of the European Communities, residing in
Brussels, represented by A. Coolen, J.-N. Louis, É. Marchal and
S. Orlandi, with an address for service in Luxembourg,

1.

2.

dismisses the application.

orders the parties to bear their own costs.

(1) OJ C 247 of 12.10.2002.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 25 November 2003

in Case T-286/02: Oriental Kitchen SARL v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Community trade mark — Opposition proceedings —
Application for the Community word mark KIAP MOU —
Earlier national word marks MOU — Refusal to register)

(2004/C 21/71)

(Language of the case: French)

In Case T-286/02, Oriental Kitchen SARL, established in
Choisy-le-Roi (France), represented by J.-J. Sebag, lawyer, v
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM) (Agents: B. Lory, O. Waelbroeck and
O. Montalto), the intervener before the Court being Mou
Dybfrost A/S, established in Esbjerg N (Denmark), represented
by T. Steffensen, lawyer: Action against the decision of the
Fourth Board of Appeal of the Office for Harmonisation in the
Internal Market (Trade Marks and Designs) of 28 June 2002
(Case R 114/2001-4)
in respect of the opposition of the
proprietor of the national trade marks MOU to registration of
the sign KIAP MOU 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
25 November 2003, in which it:

C 21/34

EN

Official Journal of the European Union

24.1.2004

1. Dismisses the application;

ORDER OF THE COURT OF FIRST INSTANCE

2. Orders the applicant to pay the costs.

(1) OJ C 289 of 23.11.2002.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 27 November 2003

in Case T-348/02: Quick restaurants SA v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM)1 (1)

(Community trade mark — Trade mark consisting of the
word Quick — Absolute ground for refusal — Descriptive
character — Article 7(1)(c) of Regulation (EC) No 40/94 —
Registration refused in part)

(2004/C 21/72)

(Language of the case: French)

In Case T-348/02, Quick restaurants SA, established in Brussels
lawyer, with an
(Belgium), represented by L. Van Bunnen,
address for service in Luxembourg, v Office for Harmonisation
in the Internal Market (Trade Marks and Designs) (OHIM)
(Agents: A. Rassat and S. Laitinen): Action for partial annul-
ment of the decision of the Second Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) of 17 September 2002 (Case R 1117/2000-2)
concerning registration of the word Quick as a Community
trade mark, 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
27 November 2003, in which it:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 31 of 8.2.2003.

of 15 October 2003

in Case T-372/02: Internationaler Hilfsfonds eV v Com-
mission of the European Communities (1)

(Development
cooperation — European Community
Humanitarian Office — Framework partnership agreement
for the co-financing of operations carried out by NGOs —
Rejection of an application — Action for annulment —
Inadmissible)

(2004/C 21/73)

(Language of the case: English)

In Case T-372/02, Internationaler Hilfsfonds eV, established in
Rosbach (Germany), represented by H. Kaltenecker, lawyer, v
Commission of the European Communities (Agents: M. Wil-
derspin and S. Fries): Application for (i) annulment of the
Commission’s decision of 22 October 2002 rejecting the
application by the applicant to sign a framework partnership
agreement with the European Community Humanitarian
Office (ECHO), (ii) an order requiring the Commission either
to reinstate the applicant in the position it had in 1996 when
it applied to sign a framework partnership agreement or,
alternatively, to invite it to sign the framework partnership
agreement now in force and (iii) an order requiring the
Commission to reimburse to the applicant the costs relating to
its complaint to the European Ombudsman, the Court of First
Instance (Fifth Chamber), composed of: P. Lindh, President,
R. García-Valdecasas and J. D. Cooke, Judges; H. Jung, Registrar,
has made an order on 15 October 2003, the operative part of
which is as follows:

1.

2.

The application is dismissed as inadmissible in its entirety.

The applicant shall bear its own costs and those incurred by the
Commission.

(1) OJ C 31 of 8.2.2003.