Judgment of the Court of First Instance of 30 November 2004 in Case T-173/03: Anne Geddes v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Word mark ‘NURSERYROOM’ — Absolute grounds for refusal — Article 7(1)(c) of Regulation (EC) No 40/94)
Date: 2005-02-05
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), toy industry, trade-mark law

C 31/20

EN

Official Journal of the European Union

5.2.2005

1. Annuls the decision of the Fourth Board of Appeal of the Office
(Trade Marks and

for Harmonisation in the Internal Market
Designs) of 3 October 2002 (Case R 313/2001-4);

3. Orders the applicant and the Council each to bear half of the costs

of the proceedings;

2. Orders the defendant to pay the costs.

(1) OJ C 55 of 8.3.2003.

4. Orders the interveners to bear their own costs.

(1) OJ C 112 of 10.5.2003.

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 23 November 2004

of 30 November 2004

in Case T-84/03: Maurizio Turco v Council of the Euro-
pean Union (1)

(Openness — Public access to Council documents — Partial
refusal of access — Regulation (EC) No 1049/2001 —
Exceptions)

(2005/C 31/39)

(Language of the case: English)

in Case T-173/03: Anne Geddes v Office for Harmonisa-
tion in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Community trade mark — Word mark ‘NURSERYROOM’
— Absolute grounds for refusal — Article 7(1)(c) of Regu-
lation (EC) No 40/94)

(2005/C 31/40)

(Language of the case: English)

the European Union (Agents:

In Case T-84/03: Maurizio Turco, residing in Pulsano (Italy),
represented by O.W. Brouwer, T. Janssens and C. Schillemans,
lawyers, supported by Republic of Finland (Agents: T. Pynnä
and A. Guimaraes-Purokoski, with an address for service in
Luxembourg), Kingdom of Denmark (Agents: J. Liisberg initially
and subsequently J. Molde, with an address for service in
Luxembourg), and Kingdom of Sweden (Agents: A. Kruse and K.
Wistrand, with an address for service in Luxembourg) against
Council of
J.-C. Piris and
M. Bauer), supported by United Kingdom of Great Britain and
Northern Ireland (Agent: C. Jackson, instructing P. Sales and J.
Stratford, Barristers, with an address for service in Luxembourg)
and Commission of
(Agents:
M. Petite, C. Docksey and P. Aalto, with an address for service
in Luxembourg) – application for annulment of the Council's
decision of 19 December 2002 partially refusing the applicant
access to certain documents appearing on the agenda of the
Justice
and Home Affairs Council meeting of 14 and
15 October 2002 – the Court of First Instance (Fifth Chamber),
composed of: P. Lindh, President, R. García-Valdecasas and
J.D. Cooke, Judges; I. Natsinas, Administrator, for the Registrar,
has given a judgment on 23 November 2004, in which it:

the European Communities

(OHIM)

In Case T-173/03: Anne Geddes, residing at Auckland (New
Zealand), represented by G. Farrington, Solicitor, against Office
for Harmonisation in the Internal Market (Trade Marks and
Designs)
Folliard-
(Agents: E. Dijkema
Monguiral) – action brought against the decision of the Fourth
Board of Appeal of OHIM of 13 February 2003 (Case R 839/
2001-4) regarding an application for registration of the Com-
munity word mark ‘NURSERYROOM’ – the Court of First
Instance (Second Chamber), composed of: J Pirrung, President,
N.J. Forwood and S. Papasavvas, Judges; J. Plingers, Adminis-
trator, for the Registrar, has given a judgment on 30 November
2004, in which it:

and A.

1. Dismisses the application;

2. Orders the applicant to pay the costs.

1. Dismisses the action in so far as it concerns the refusal of access

(1) OJ C 171 of 19.7.2003.

to the Council's legal opinion;

2. Declares that there is no need to adjudicate as to the remainder;