Judgment of the Court of First Instance of 14 April 2005 in Case T-260/03 Celltech R&D Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Word mark CELLTECH — Absolute grounds for refusal — Distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94)
Date: 2005-06-25
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), consultancy, medical device, pharmaceutical product, trade-mark law

C 155/16

EN

Official Journal of the European Union

25.6.2005

2. Orders the defendant to pay the costs.

JUDGMENT OF THE COURT OF FIRST INSTANCE

(1) OJ C 200, 23.8.2003.

of 13 April 2005

in Case T-286/03 The Gillette Company v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 14 April 2005

(Community trade mark — Opposition proceedings — Appli-
cation for Community figurative mark RIGHT GUARD
XTREME sport — Earlier national figurative mark WILK-
INSON SWORD XTREME III — Likelihood of confusion —
Refusal of registration — Article 8(1)(b) of Regulation (EC)
No 40/94)

in Case T-260/03 Celltech R&D Ltd v Office for Harmoni-
sation in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Community trade mark — Word mark CELLTECH — Abso-
lute grounds for refusal — Distinctive character — Article
7(1)(b) of Regulation (EC) No 40/94)

(2005/C 155/32)

(Language of the case: German)

(2005/C 155/31)

(Language of the case: English)

(OHIM)

(Agents:

Jenkins, solicitor, against

In Case T-260/03: Celltech R&D Ltd, established in Slough,
represented by D. Alexander,
Berkshire (United Kingdom),
barrister, and N.
the Office for
Harmonisation in the Internal Market
(Trade Marks and
Designs)
I. de Medrano Caballero and A.
Folliard-Monguiral) — action brought against the decision of
the Second Board of Appeal of OHIM of 19 May 2003 (Case R
659/2002-2) concerning an application for registration as a
Community trade mark of the word mark CELLTECH, — the
Court of First
Instance (Third Chamber), composed of M.
Jaeger, President, V. Tiili and O. Czúcz, Judges; C. Kristensen,
Administrator, for the Registrar, gave a judgment on 14 April
2005, in which it:

(Trade Marks and Designs)

In Case T-286/03: The Gillette Company, established in Boston
(United States of America), represented by A. Ebert-Weiden-
feller and L. Kouker, lawyers, against Office for Harmonisation
in the Internal Market
(OHIM)
(Agents: G. Schneider and J. Weberndörfer), the other party to
the proceedings before the Board of Appeal of OHIM, inter-
vening before the Court of First Instance, being Wilkinson
Sword GmbH, established in Solingen (Germany), represented
by E. Kessler,
lawyer — action against the decision of the
Fourth Board of Appeal of OHIM of 17 April 2003 (Case R
the figurative mark
221/2002-4),
RIGHT GUARD XTREME sport — the Court of First Instance
(Second Chamber), composed of J. Pirrung, President, A.W.H.
Meij and I. Pelikánová, Judges; J. Palacio González, Principal
Administrator, for the Registrar, gave a judgment on 13 April
2005, in which it:

refusing registration of

1. Annuls the decision of the Second Board of Appeal of the Office
(Trade Marks and

for Harmonisation in the Internal Market
Designs) of 19 May 2003 (Case R 659/2002-2);

1. Dismisses the action;

2. Orders the defendant to pay the costs.

(1) OJ C 239 of 4.10.2003.

2. Orders the applicant to pay the costs.

(1) OJ C 251, 18.10.2003.