Judgment of the court of first instance 18 February2004 in Case T-10/03: Jean-Pierre Koubi v Office for Harmonisationin the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark— Application for Community word mark CONFORFLEX — Earlier national word andfigurative marks FLEX — Likelihood of confusion — Article 8(1)(b) of Regulation(EC) No 40/94)
Date: 2004-04-30
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), furniture industry, trade-mark law

C 106/62

EN

Official Journal of the European Union

30.4.2004

JUDGMENT OF THE COURT OF FIRST INSTANCE
(FOURTH CHAMBER)

3 March 2004

In Case T-355/02: Mülhens GmbH & Co. KG v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Community trade mark — Opposition procedure — Likeli-
hood of confusion — Application for Community word mark
ZIRH — Earlier Community figurative mark including the
word “sir” — Article 8(1)(b) of Regulation (EC) No 40/94)

lawyers, with an address for service in Luxembourg, against
Commission of the European Communities (Agents: J. Currall
and C. Berardis-Kayser) – application for the annulment of the
Commission's decision not to promote the applicant to Grade
B 1 in the promotion round for 2000 – the Court of First
Instance (Single Judge: V. Tiili); J. Plingers, Administrator, for
the Registrar, has given a judgment on 17 March 2004 in
which it:

(1) Annuls the decision refusing to promote the applicant;

(2) Orders the Commission to pay the costs.

(2004/C 106/123)

(1) OJ C 55 of 8.3.03.

(Language of the case: English)

In Case T-355/02, Mülhens GmbH & Co. KG, established in
Cologne (Germany),
represented by T. Schulte-Beckhausen,
lawyer, v Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (OHIM) (Agents: J. S. Laitinen and L.
Rampini), 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 Zirh International
Corp., established in New York, New York (United States of
America), represented by B. Nuseibeh, lawyer: Action brought
against the decision of the Second Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) of 1 October 2002 (Case R 657/2001-2)
concerning an opposition procedure between Mülhens GmbH
& Co. KG and Zirh International Corp., the Court of First
Instance (Fourth Chamber), composed of V. Tiili, President, P.
Mengozzi and M. Vilaras, Judges; J. Plingers, Administrator, for
the Registrar, has given a judgment on 3 March 2004,
in
which it:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 70 of 22.03.2003.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 17 March 2004

in Case T-4/03 Giorgio Lebedef v Commission of the Euro-
pean Communities (1)

(Officials — Promotion — Irregularity in a promotion proce-
dure — Comparative examination of merits — Statement of
reasons — Application for annulment)

JUDGMENT OF THE COURT OF FIRST INSTANCE

18 February 2004

in Case T-10/03: Jean-Pierre Koubi v Office for Harmonisa-
tion in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Community trade mark — Application for Community word
mark CONFORFLEX — Earlier national word and figurative
marks FLEX — Likelihood of confusion — Article 8(1)(b) of
Regulation (EC) No 40/94)

(2004/C 106/125)

(Language of the case: French)

Jean-Pierre Koubi,

In Case T-10/03,
residing in Marseilles
(France), represented by K. Manhaeve, lawyer, with an address
for service in Luxembourg, v Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (OHIM) (Agents: S.
Laitinen and S. Pétrequin); the other party to the proceedings
being: Fabricas Lucia Antonio Betere, SA (Flabesa), established
in Madrid (Spain), represented by I. Valdelomar, lawyer: Action
brought against the decision of the Fourth Board of Appeal of
the Office for Harmonisation in the Internal Market (Trade
Marks and Designs)
(OHIM) of 16 October 2002 (Case R
542/2001-4) relating to opposition proceedings between Mr
Koubi and Fabricas Lucia Antonio Betere, SA (Flabesa), the
Instance (Fourth Chamber) composed of: H.
Court of First
Legal, President, V. Tiili and M. Vilaras,
Judges; B. Pastor,
Deputy Registrar, has given a judgment on 18 February 2004,
in which it:

1. Dismisses the action

(2004/C 106/124)

2. Orders the applicant to pay the costs.

(Language of the case: French)

In Case T-4/03, Giorgio Lebedef, an official of the Commission
residing in Senningerberg
of
(Luxembourg), represented by G. Bouneou and F. Frabetti,

the European Communities,

(1) OJ C 55 of 08.03.2003.