Case T-45/05: Action brought on 31 January 2005 by Micronas GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2005-04-16
Institutions: Court of First Instance
Subjects: European Union Intellectual Property Office, action for annulment (EU), electronic component, electronic device, electronics industry, trade mark, trade-mark law

16.4.2005

EN

Official Journal of the European Union

C 93/35

In support of her application, the applicant submits an infringe-
ment of Article 8 of Regulation No 1049/2001 (1) and a failure
to state reasons in accordance with Article 253 EC. According
to the applicant, the Commission has given an incomplete
reply to the request for access and did not identify all the docu-
ments included within its scope. The applicant claims that
other documents exist, for which no reasons for refusal of
access have been given and no exceptions have been invoked.

The applicant furthermore submits that the Commission erred
in law and misapplied the exception under the second para-
graph of Article 4(3) and the third indent of Article 4(1)(a) of
Regulation No 1049/2001. The applicant also submits that the
Commission failed to state reasons and erred in considering
that disclosure would seriously undermine the decision making
process, that there is no overriding public interest in disclosure
of the documents and that the documents in question would
weaken the Commission's position before the WTO panel on
the de facto moratorium on the approval and marketing of
biotech products.

The applicant also submits an infringement of the principle of
proportionality and a failure to state reasons in not considering
partial access to the documents.

Court of First Instance of the European Communities on 31
January 2005 by Micronas GmbH, Freiburg i.Br., Germany,
represented by G. Herr, lawyer.

The applicant claims that the Court should:

— annul the decision of the Second Board of Appeal of 12
November 2004 (Decision R 366/2004-2-3D-Panorama)
refusing to register
the Community trade mark ‘3D-
Panorama’ for Class 9 ‘electronic circuits, integrated circuits,
and in particular semiconductor chips’;

— order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

Applicant
munity trade mark:

for

Com-

Micronas GmbH.

The word mark ‘3D Panorama’ for
Class 9 goods (consumer electro-
in particular TV sets, video
nics,
recorders,
electronic
radios,
circuits, integrated circuits, and in
particular
chips;
software) — Registration No
2871218.

semiconductor

(1) Regulation (EC) No 1049/2001 of the European Parliament and of
the Council of 30 May 2001 regarding public access to European
Parliament, Council and Commission documents (OJ L 145, p. 43).

Community trade mark
sought:

the exam-
contested before

Decision of
iner
the Board of Appeal:

Refusal to register the mark for all
of the goods applied for.

Action brought on 31 January 2005 by Micronas GmbH
the Office for Harmonisation in the Internal
against

Market (Trade Marks and Designs)

Decision of
of Appeal:

Pleas in law:

(Case T-45/05)

(2005/C 93/66)

(Language of the case: German)

An action against the Office for Harmonisation in the Internal
(Trade Marks and Designs) was brought before the
Market

the Board

Dismissal of the appeal.

The contested decision infringes
Article 7(1)(b) and (c) of Regu-
lation (EC) No 40/94, because as
far as
inte-
‘electronic circuits,
grated circuits, and in particular
semiconductor
are
concerned, the word combination
3D-Panorama
consists
exclusively of signs or indications
nor is devoid of distinctive char-
acter.

neither

chips’