Judgment of the Court of First Instance of 16 September 2004 in Case T-342/02: Metro-Goldwyn-Mayer Lion Corp. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition proceedings — Extent of the obligation of examination — Conversion into a national trade-mark application — Article 58 of Regulation (EC) No 40/94)
Date: 2004-11-20
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), audiovisual equipment, audiovisual production, audiovisual programme, broadcasting, film production, pulp and paper industry, trade-mark law

C 284/16

EN

Official Journal of the European Union

20.11.2004

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 21 September 2004

in Case T-325/02: Michel Soubies v Commission of the
European Communities (1)

(Officials — Re-assignment of an official in Grade A 3 as
adviser ad personam — Restructuring of the Secretariat-
General — Correspondence between grade and post)

(2004/C 284/32)

(Language of the case: French)

the European Communities,
represented by A. Coolen,

In case T-352/02: Michel Soubies, an official of the Commis-
residing in Brussels
sion of
(Belgium),
J.-N. Louis and E.
Marchal, lawyers, with an address for service in Luxembourg,
against Commission of the European Communities (Agent: J.
Currall, assisted by D. Waelbroeck, lawyer, with an address for
service in Luxembourg) — application for annulment of the
Commission's Decision of 26 November 2001 re-assigning the
applicant
to the ‘Institutional matters’ unit of the ‘Forward
Studies’ Directorate of the Secretariat–General as adviser ad
personam in Grade A 3 — the Court of First Instance (Fifth
Chamber), composed of P. Lindh, President, R. García-Valde-
casas and J. D. Cooke, Judges; I. Natsinas, Administrator, for
the Registrar, has given a judgment on 21 September 2004, in
which it:

1. Dismisses the action;

2. Orders both parties to bear their own costs.

(1) OJ C 19 of 25.1.2003.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 16 September 2004

in Case T-342/02: Metro-Goldwyn-Mayer Lion Corp. v
Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (OHIM) (1)

(Community trade mark — Opposition proceedings — Extent
of
the obligation of examination — Conversion into a
national trade-mark application — Article 58 of Regulation
(EC) No 40/94)

(2004/C 284/33)

(Language of the case: English)

In Case T-342/02: Metro-Goldwyn-Mayer Lion Corp., estab-
lished in Santa Monica, California (United States), represented
by F. de Visscher, E. Cornu, E. De Gryse and D. Moreau,
lawyers against Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (OHIM) (Agents: S. Laitinen and D.
Botis), the other party to the proceedings before the Board of

Appeal of OHIM being Moser Grupo Media SL, established in
Santa Eulalia del Rio (Spain) — action brought against the deci-
sion of the Third Board of Appeal of OHIM of 5 September
2002 (Case R 437/2001-3) declaring inadmissible the appeal
brought against
the Opposition Division
relating to opposition proceedings between Moser Grupo
Media SL and Metro-Goldwyn-Mayer Lion Corp., — the Court
of First Instance (Fourth Chamber), composed of H. Legal, Presi-
dent, V. Tiili and M. Vilaras, Judges; J. Plingers, Administrator,
for the Registrar, has given a judgment on 16 September 2004,
in which it:

the decision of

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 19 of 25.1.2003.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 14 September 2004

in Case T-183/03: Applied Molecular Evolution Inc v
Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (OHIM) (1)

(Community trade mark — Word mark APPLIED MOLE-
CULAR EVOLUTION — Absolute grounds for refusal —
Article 7(1)(c) of Regulation (EC) No 40/94 — Descriptive
sign)

(2004/C 284/34)

(Language of the case: English)

(OHIM)

In Case T-183/03: Applied Molecular Evolution Inc., established
in San Diego, California (United States), represented by A.
Deutsch, laywer, and by M. Weber-Quitzau, against Office for
Harmonisation in the Internal Market
(Trade Marks and
(Agents: H. Nokkanen and A. Folliard-
Designs)
the
Monguiral) — action brought against
Second Board of Appeal of OHIM of 13 March 2003 (Case R
108/2002-2) upholding the refusal to register APPLIED MOLE-
CULAR EVOLUTION as a word mark — the Court of First
Instance (Second Chamber), composed of J. Pirrung, President,
A.W.H. Meij and N. J. Forwood, Judges; I. Natsinas, Adminis-
trator, for the Registrar, has given a judgment on 14 September
2004, in which it:

the decision of

1. Dismisses the application;

2. Orders the applicant to pay the costs.

(1) OJ C 184 of 2.8.2003.