Judgment of the Court of First Instance of 30 June 2004 in Case T-107/02: GE Betz Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition procedure — Earlier figurative mark — Application for Community word mark BIOMATE — Failure to produce evidence in the language of the opposition proceedings — Legitimate expectation — Rules 16, 17 and 18 of Regulation (EC) No 2868/95)
Date: 2004-09-25
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), plastics industry, trade-mark law

25.9.2004

EN

Official Journal of the European Union

C 239/17

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 30 June 2004

in Case T-107/02: GE Betz Inc. v Office for Harmonisation
and Designs)
in the Internal Market

(Trade Marks

(OHIM) (1)

(Community trade mark — Opposition procedure — Earlier
figurative mark — Application for Community word mark
BIOMATE — Failure to produce evidence in the language of
the opposition proceedings — Legitimate expectation —
Rules 16, 17 and 18 of Regulation (EC) No 2868/95)

(2004/C 239/34)

(Language of the case: English)

In Case T-107/02: GE Betz Inc., formerly BetzDearborn Inc.,
whose registered office is in Trevose, Pennsylvania (United
States of America), represented by G. Glas and K. Manhaeve,
lawyers, with an address for service in Luxembourg, against
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM) (Agents: initially E. Joly and subsequently
G. Schneider), the other party to the proceedings before the
OHIM Board of Appeal, being Atofina Chemicals Inc., whose
registered office is in Philadelphia, Pennsylvania (United States
of America), represented by M. Edenborough, barrister, and M.
Medyckyj, solicitor — action brought against the decision of
the First Board of Appeal of OHIM of 17 January 2002 (Case
R 1003/2000-1), relating to opposition proceedings between
Atofina Chemicals Inc. and GE Betz Inc. — the Court of First
Instance (Second Chamber), composed of N.J. Forwood, Presi-
dent, J. Pirrung and A.W.H. Meij, Judges; J. Plingers, Adminis-
trator, for the Registrar, has given a judgment on 30 June
2004, in which it:

it annuls

1. Annuls the decision of the First Board of Appeal of the Office for
Harmonisation in the Internal Market (Trade Marks and Designs)
(OHIM) of 17 January 2002 (Case R 1003/2000-1) in so far
the Opposition Division of 7
as
September 2000, remits the case to the Opposition Division for
further prosecution and orders each party to bear the costs which
they have incurred in connection with the proceedings before the
Board of Appeal;

the decision of

of 13 July 2004

in Case T-115/02: AVEX Inc v Office for Harmonisation in
the Internal Market (Trade Marks and Designs) (OHIM) (1)

(Community trade mark — Opposition procedure — Appli-
cation for a Community figurative mark comprising the
letter ‘a’ — Earlier Community figurative mark comprising
the letter ‘a’ — Likelihood of confusion)

(2004/C 239/35)

(Language of the case: German)

represented by E.P. Krings,

In Case T-115/02: AVEX Inc., established in Tokyo (Japan),
represented by J. Hofmann, lawyer, against Office for Harmoni-
sation in the Internal Market
(Trade Marks and Designs)
(OHIM)
(Agents: D. Schennen and G. Schneider), the other
party to the proceedings before the Board of Appeal of OHIM
and the intervener before the Court of First Instance being
Ahlers AG, formerly Adolf Ahlers AG, established in Herford
(Germany),
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) (OHIM) of 11 February 2002 (Case R 634/2002-
1) relating to the opposition filed by the proprietor of the
Community figurative mark comprising the letter ‘a’ against
registration of a Community figurative mark comprising the
Instance (Second Chamber),
letter ‘a’ — the Court of First
composed of
J. Pirrung, President, A.W.H. Meij and N.J.
Forwood, Judges; I. Natsinas, Administrator, for the Registrar,
has given a judgment on 13 July 2004, in which it:

2. Orders the Office to pay the costs incurred by the applicant,
including those incurred by it in connection with the proceedings
before the Board of Appeal;

1. Dismisses the application;

3. Orders the intervener to bear its own costs.

2. Orders the applicant to pay the costs.

(1) OJ C 169 of 13.7.2002.

(1) OJ C 144 of 15.6.2002.