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) (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)
Date: 2005-03-19
Institutions: Court of First Instance
Subjects: European Union Intellectual Property Office, action for annulment (EU), metal product, semi-manufactured goods, 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: