Judgment of the Court of First Instance of 19 January 2005 in Case T-387/03: Proteome Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Word mark BIOKNOWLEDGE — Absolute grounds for refusal — Article 7(1)(c) of Regulation (EC) No 40/94 — Descriptive sign)
Date: 2005-03-19
Institutions: Court of First Instance
Subjects: European Union Intellectual Property Office, action for annulment (EU), archives, database, trade-mark law

C 69/14

EN

Official Journal of the European Union

19.3.2005

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 12 January 2005

in Joined Cases T-367/02 to T-369/02: Wieland-Werke AG
v Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (OHIM) (1)

(Community trade mark — Word marks SnTEM, SnPUR and
SnMIX — Absolute grounds for refusal — Descriptive
nature — Article 7(1)(c) of Regulation (EC) No 40/94)

(2005/C 69/26)

(Language of the case: German)

In Joined Cases T-367/02 to T-369/02: Wieland-Werke AG,
established at Ulm (Germany), represented by S. Gruber and
F. Graf von Stosch, lawyers, against Office for Harmonisation
in the Internal Market (Trade Marks and Designs) (OHIM)
(Agents: T.L. Eichenberg and G. Schneider) — applications for
annulment of three decisions of the First Board of Appeal of
the OHIM of 25 September 2002 (Cases R 338/2001-1, R 337/
2001-1 and R 335/2001-1), concerning applications for regis-
tration of word marks SnTEM, SnPUR and SnMIX as Com-
munity trade marks — the Court of First Instance (Fourth
Chamber), composed of H. Legal, President, V. Tiili and M.
Vilaras, Judges; D. Christensen, Administrator, for the Registrar,
has given a judgment on 12 January 2005, in which it:

1. Dismisses the actions in their entirety;

2. Orders the applicant to pay the costs.

(1) OJ C 55 of 8.3.2003.

Jonas,
lawyers, with an address for service in Luxembourg,
against Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (OHIM) (Agents: initially by U.
Pfleghar and G. Schneider and subsequently by A. von Mühlen-
dahl and G. Schneider) — action against the decision of the
Fourth Board of Appeal of OHIM of 20 June 2003 (Case R
348/2002-4) regarding registration of the sign EUROPREMIUM
as a Community trade mark — the Court of First Instance
(Third Chamber), composed of J. Azizi, President, M. Jaeger and
O. Czúcz, Judges; B. Pastor, Deputy Registrar, for the Registrar,
has given a judgment on 12 January 2005, in which it:

1. Annuls the decision of the Fourth Board of Appeal of the
(Trade

Office for Harmonisation in the Internal Market
Marks and Designs) of 20 June 2003 (Case R 348/2002-4);

2. Orders the defendant to pay the costs.

(1) OJ C 289 of 29.11.2003.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 19 January 2005

in Case T-387/03: Proteome Inc. v Office for Harmonisa-
tion in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

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

JUDGMENT OF THE COURT OF FIRST INSTANCE

(2005/C 69/28)

of 12 January 2005

(Language of the case: English)

in Case T-334/03: Deutsche Post EURO EXPRESS GmbH v
Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (OHIM) (1)

(Community trade mark — EUROPREMIUM — Absolute
ground for refusal — Descriptive nature — Article 7(1)(c) of
Regulation (EC) No 40/94)

(2005/C 69/27)

(Language of the case: German)

In Case T-334/03: Deutsche Post EURO EXPRESS GmbH,
represented initially by G. Lindhofer and subsequently by K.-U.

(OHIM)

In Case T-387/03: Proteome Inc., established at Beverly,
Massachusetts (United States), represented by M. Edenborough,
Barrister, C. Jones, A. Brodie and C. Loweth, Solicitors, against
Office for Harmonisation in the Internal Market (Trade
(Agents: P. Bullock and S.
Marks and Designs)
Laitinen) — action brought against the decision of the Fourth
Board of Appeal of the Office for Harmonisation in the Internal
Market of 25 August 2003 (Case R 0707/2002-4), and the
examiner's decision of 21 June 2002 refusing registration of
the word mark BIOKNOWLEDGE — the Court of First Instance
(Third Chamber), composed of J. Azizi, President, M. Jaeger and
F. Dehousse, Judges; H. Jung, Registrar, has given a judgment
on 19 January 2005, in which it:

19.3.2005

EN

Official Journal of the European Union

C 69/15

1. Dismisses the action;

1. The application is dismissed.

2. Orders the applicant to pay the costs.

(1) OJ C 21 of 24.1.2004.

2. The applicant is ordered to bear its own costs and to pay those of

the defendants.

(1) OJ C 184 of 2.8.2003.

ORDER OF THE COURT OF FIRST INSTANCE

of 10 December 2004

ORDER OF THE COURT OF FIRST INSTANCE

in Case T-196/03: European Federation for Cosmetic Ingre-
dients (EFfCI) v European Parliament and Council of the
European Union (1)

of 10 December 2004

(Manifest inadmissibility — Concept of measure of indivi-
dual concern to an applicant — European Economic Interest
Group — Contracts being performed — Intellectual property
rights)

in Case T-261/03 Euro Style 94 Srl v Office for Harmonisa-
tion in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(2005/C 69/29)

(Language of the case: English)

(Community trade mark — Opposition procedure — Appli-
cation for figurative Community trade mark including the
verbal element
‘GLOVE’ — National and international
figurative and verbal marks ‘GLOBE’ — Relative ground for
refusal — Article 8(1)(b) of Regulation No 40/94 — Action
clearly devoid of legal foundation)

In Case T-196/03: European Federation for Cosmetic Ingredi-
ents (EFfCI), established in Brussels (Belgium), represented by K.
Van Maldegem and C. Mereu, Lawyers, against European Parlia-
ment (Agents: J. L. Rufas Quintana, M. Moore and K. Bradley,
with an address for service in Luxembourg) and Council of the
European Union (Agents: E. Karlsson and C. Giorgi Fort), appli-
cation for the annulment of:

— Article 1(2) of Directive 2003/15/EC of

the European
Parliament and of
the Council of 27 February 2003,
amending Council Directive 76/768/EEC on the approxima-
tion of the laws of the Member States relating to cosmetic
products (OJ 2003 L 66, p. 26), in so far as it inserts in
Directive 76/768 a new Article 4a(2) and (2.1) and a new
Article 4b,

— Article 1(5) of Directive 2003/15, in so far as it adds a new

subparagraph to Article 6(3) of Directive 76/768,

the Court of First Instance (Third Chamber), composed of J.
Azizi, President, M. Jaeger and F. Dehousse, Judges; H. Jung,
Registrar, has given a judgment on 10 December, the operative
part of which is as follows:

(2005/C 69/30)

(Language of the case: English)

In Case T-269/04, Euro Style 94 Srl, established in Baretta
(Italy), represented by G. Pica,
lawyer, with an address for
service in Luxembourg, against the Office for Harmonisation in
the Internal Market (Trade Marks and Designs) (OHIM) (Agents:
J. Laporta Insa and A. Folliard-Monguiral), the other party to
the proceedings before the Board of Appeal of the OHIM being
RCN-Companhia de Importacao e Esportacao de Texteis, LDA,
established in Oeiras (Portugal); appeal against the decision of
the Second Board of Appeal of the OHIM of 19 May 2003
(Case R 67/2001-2), concerning an opposition procedure
between RCN-Companhia de Importacao e Esportacao and
Eurostyle 94 Srl, the Court of First Instance (Second Chamber),
composed of J. Pirrung, President, N.J. Forwood and S.S. Papa-
savvas,
Jung, made an order on 10
December 2004, the operative part of which is as follows:

Judges; Registrar, H.