Case T-322/03: Action brought on 19 September 2003 by Telefon und Buch Verlagsgesellschaft m.b.H against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2005-01-08
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), directory, telephone, trade-mark law

8.1.2005

EN

Official Journal of the European Union

C 6/37

Action brought on 19 September 2003 by Telefon und
Buch Verlagsgesellschaft m.b.H against
the Office for
Harmonisation in the Internal Market (Trade Marks and
Designs)

(Case T-322/03)

(2005/C 6/73)

(Language of the case: German)

An action against the Office for Harmonisation in the Internal
Market
(Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on 19
September 2003 by Telefon und Buch Verlagsgesellschaft
m.b.H, Salzburg (Austria), represented by H. G. Zeiner, lawyer.
The other parties to the proceedings before the Board of
Appeal were HEROLD Business Data GmbH & Co KG
(previously Harold Business Data AG), Mödling, Austria.

The applicant claims that the Court should:

— vary the decision of the First Board of Appeal of the Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) of 19 June 2003 in the joined cases R 580/2001
the application for
and R 592/2001 to the effect
cancellation of the Community trade mark WEISSE SEITEN
No 371.096 is dismissed in its entirety; in the alternative

that

— set aside the decision of the First Board of Appeal of the
Office for Harmonisation in the Internal Market
(Trade
Marks and Designs) of 19 June 2003 in the joined cases R
580/2001 and R 592/2001 and instruct the Office for
Harmonisation in the Internal Market (Trade Marks and
Designs), possibly after
to
come to a new decision and to dismiss in its entirety the
application for cancellation of the Community trade mark
WEISSE SEITEN No 371.096; order the defendant to pay
the costs of the proceedings.

supplementary proceedings,

the
Applicant
cancellation
the
Community trade mark:

for
of

Decision of the Cancel-
lation Division:

HEROLD Business Data GmbH &
Co KG

cancellation of

Part
the Com-
munity trade mark in respect of
telephone directories of names in
printed form or on electronic
storage media (Classes 9 and 16)
and in respect of the publication
of those telephone directories of
names (Class 41)

Decision of
of Appeal:

the Board

Dismissal of the appeal

Grounds for the action: — The registered trade mark has
distinctive character
the
purposes of Article 7(1)(b) of
Regulation (EC) No 40/94.

for

— The

registered sign is not
descriptive of any of the goods
or services in the list of goods
and services
in accordance
with Article 7(1)(c).

— The registered mark is not an
indication in common use for
the purposes of Article 7(1)(d).

Action brought on 23 September 2004 by Heuschen &
Schrouff Oriëntal Foods Trading B.V. against the Commis-
sion of the European Communities

(Case T-382/04)

(2005/C 6/74)

(Language of the case: Dutch)

Pleas in law and main arguments:

Registered Community
trade mark in respect of
which an application
for
cancellation was
made:

The word mark WEISSE SEITEN
for goods and services in Classes
9, 16, 41 and 42 — Community
trade mark No 371.096

Owner of
munity trade mark:

the Com-

The applicant

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 23 September 2004 by Heuschen &
Schrouff Oriëntal Foods Trading B.V., established in te Land-
sgraaf (Netherlands), represented by Hendrik Cornelis De Bie.

The applicant claims that the Court should:

— annul Commission Decision REM 19/2002 of 17 June
2004 in so far as it holds the request for remission of
duties unjustified;

— order the Commission to pay the costs.