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) (Community trade mark — Word mark ROBOTUNITS — Absolute grounds for refusal — Article 7(1)(c) of Regulation (EC) No 40/94 — Descriptive character)
Date: 2004-01-24
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), machinery, 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: