Judgment of the Court of First Instance of 15 February 2005 in Case T-169/02 Cervecería Modelo, SA de CV v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition proceedings — Application for a Community figurative mark representing a bottle of beer including the verbal element ‘negra modelo’ — Earlier national figurative mark Modelo — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94)
Date: 2005-04-16
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), beer, catering industry, clothing, leisure, trade mark, trade-mark law

16.4.2005

EN

Official Journal of the European Union

C 93/25

3. Orders the applicants to bear their own costs and those incurred
by the Commission in the main proceedings and in the interim
proceedings;

JUDGMENT OF THE COURT OF FIRST INSTANCE

4. Orders the intervening parties to bear their own costs.

of 15 February 2005

(1) OJ C 245 of 1.9.2001.

in Case T-169/02 Cervecería Modelo, SA de CV v Office
for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for a Community figurative mark representing a bottle
of beer including the verbal element ‘negra modelo’ — Earlier
national figurative mark Modelo — Likelihood of confusion
— Article 8(1)(b) of Regulation (EC) No 40/94)

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 15 February 2005

(2005/C 93/50)

in Case T-256/01 Norman Pyres v Commission of the
European Communities (1)

(Officials — Selection procedure for the recruitment of
temporary agents — Non-admission to the tests — Age limit
— Principle of non-discrimination)

(2005/C 93/49)

(Language of the case: French)

the Commission of

In Case T-256/01: Norman Pyres, a former temporary agent of
the Commission of the European Communities, residing in
Brussels (Belgium), represented by G. Vandersanden and L.
Levi,
the European
lawyers, against
Communities (Agents:
J. Currall and F. Clotuche-Duvieusart,
with an address for service in Luxembourg) — action for annul-
ment of the ‘Research’ Selection Committee's decisions COM/R/
A/14/2000 of 1 December 2000, COM/R/A/07/2000 of 4
December 2000, and COM/R/A/10/2000 of 7 December 2000,
not to admit the applicant to the selection procedures orga-
nised by the ‘Research’ Directorate General on the ground that
he did not satisfy the condition relating to the age limit, — the
Court of First Instance (First Chamber), composed of B. Vester-
dorf, President, P. Mengozzi and I. Labucka, Judges; H. Jung,
Registrar, gave a judgment on 15 February 2005, in which it:

1. Dismisses the action.

2. Orders each party to bear its own costs.

(1) OJ C 17 of 19.1.2002.

(Language of the case: Spanish)

In Case T-169/02: Cervecería Modelo, SA de CV, established in
Mexico, represented by C. Lema Devesa and A. Velázquez
lawyers, against Office for Harmonisation in the
Ibáñez,
Internal Market (Trade Marks and Designs) (OHIM) (Agents: J.
Crespo Carrillo and I. de Medrano Caballero), the other party to
the proceedings before the OHIM Board of Appeal, and inter-
vener before the Court of First Instance, being Modelo Conti-
nente Hipermercados, SA, established in Senhora da Hora
(Portugal), represented by N. Cruz, J. Pimenta and T. Colaço
Dias,
lawyers — action brought against the decision of the
Third Board of Appeal of OHIM of 6 March 2002 (Cases
R 536/2001-3 and R 674/2001-3), concerning opposition
proceedings between Cervecería Modelo, SA de CV and Modelo
Continente Hipermercados, SA — the Court of First Instance
(First Chamber), composed of B. Vesterdorf, President, P.
Mengozzi and I. Labucka, Judges; H. Jung, Registrar, gave a
judgment on 15 February 2005, in which it:

1. Dismisses the application;

2. Orders the applicant to pay the costs.

(1) OJ C 180 of 27.7.2002.