Case T-487/04: Action brought on 15 December 2004 by Falcon Sporting Goods AG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Date: 2005-03-05
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), public morality, sports equipment, trade-mark law

5.3.2005

EN

Official Journal of the European Union

C 57/33

The applicant claims that the Court should:

The applicant claims that the Court should:

— annul the defendant's Decisions of 20 March 2004, impli-
edly rejecting the application for assistance under Article
24 of the Staff Regulations made by the applicant on 20
November 2003, and of 13 September 2004, rejecting the
complaint lodged by the applicant;

— annul Decision R 176/2004-2 of

the Second Board of

Appeal of OHIM of 29 September 2004;

— order OHIM to pay all the costs.

— make an appropriate order as to costs.

Pleas in law and main arguments

Pleas in law and main arguments:

On 20 November 2003, the applicant, a Commission official,
made an application for assistance under Article 24 of the Staff
Regulations alleging that he was the victim of mental harass-
ment on the part of the administration of his institution. By his
action, he seeks the annulment of the implied decision rejecting
that application and the decision rejecting his complaint
submitted under Article 90(2) of the Staff Regulations.

The applicant claims that the defendant did not take action on
his complaints regarding alleged irregularities in the verification
and checking of Community joint
financing but, on the
contrary, precisely because of his complaints, adopted an atti-
tude designed to intimidate him and to compromise his career.
In support of his action, he relies on Articles 12a, 21a, 22b
and 24 of the Staff Regulations, the provisions of the Financial
Regulation, the principle of sound financial management and
the protection of the financial interests of the Commission, the
principle of fair and equal treatment of staff and a manifest
error of assessment on the part of the Commission.

Community trade mark
sought:

Word mark ‘BIN LADIN’ for goods
and services in Classes 9, 12, 14,
18, 25, 28, 35 and 41 – Applica-
tion No 2 223 907.

Decision of
iner:

Decision of
of Appeal:

Pleas in law:

the exam-

Refusal to register.

the Board

Dismissal of the appeal.

Infringement of Article 7(1)(f) of
Council Regulation No 40/94. The
applicant claims that registration
of the mark in question would not
be contrary to either public policy
or accepted principles of morality.

Action brought on 15 December 2004 by Falcon Sporting
Goods AG against the Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (OHIM)

Action brought on 15 December 2004 by Falcon Sporting
Goods AG against the Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (OHIM)

(Case T-488/04)

(2005/C 57/57)

(Case T-487/04)

(2005/C 57/56)

(Language in which the application was lodged: French)

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM) was brought before
the Court of First Instance of the European Communities on 15
December 2004 by Falcon Sporting Goods AG, established in
Zug (Switzerland), represented by Jörg Weigell, lawyer.

(Language in which the application was lodged: French)

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM) was brought before
the Court of First Instance of the European Communities on 15
December 2004 by Falcon Sporting Goods AG, established in
Zug (Switzerland), represented by Jörg Weigell, lawyer.

The applicant claims that the Court should:

— annul Decision R 177/2004-2of

the Second Board of

Appeal of OHIM of 29 September 2004;

— order OHIM to pay all the costs.