Judgment of the Court of First Instance of 20 April 2005 in Case T-318/03 Atomic Austria GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Word mark ATOMIC BLITZ — Opposition of the proprietor of national word marks ATOMIC — Evidence of renewal of registration of the earlier mark — Scope of the examination conducted by OHIM — Rejection of opposition — Article 8(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), sports equipment, toy industry, trade-mark law

25.6.2005

EN

Official Journal of the European Union

C 155/17

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 20 April 2005

of 13 April 2005

in Case T-318/03 Atomic Austria GmbH v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Community trade mark — Word mark ATOMIC BLITZ —
Opposition of
the proprietor of national word marks
ATOMIC — Evidence of renewal of registration of the
earlier mark — Scope of the examination conducted by
OHIM — Rejection of opposition — Article 8(1)(b) of Regu-
lation (EC) No 40/94)

in Case T- 353/03: Inge-Lise Nielsen v Council of the Euro-
pean Union (1)

(Officials — Refusal of promotion — Article 45 of the Staff
Regulations — Manifest error of assessment — Considera-
tion of comparative merits — Admissibility)

(2005/C 155/33)

(2005/C 155/34)

(Language of the case: German)

(Language of the case: French)

(OHIM)

(Trade Marks and Designs)

In Case T-318/03: Atomic Austria GmbH, established in Alten-
markt (Austria), represented by G. Kucsko and C. Schumacher,
lawyers, against the Office for Harmonisation in the Internal
Market
(Agents: G.
Schneider and B. Müller), the other party to the proceedings
before the Board of Appeal having been Fabricas Agrupadas de
(Spain) — action
Muñecas de Onil, SA, established in Onil
against the decision of the Second Board of Appeal of OHIM of
9 July 2003 (Case R 95/2003-2),
relating to opposition
proceedings between Atomic Austria GmbH and Fabricas Agru-
padas de Muñecas de Onil, SA, — the Court of First Instance
(Second Chamber), composed of J. Pirrung, President, A.W.H.
Meij and I. Pelikánová, Judges; J. Plingers, Administrator, for
the Registrar, gave a judgment on 20 April 2005, in which it:

In Case T-353/03: Inge-Lise Nielsen, a former official of the
Council of
the European Union, residing in Villiers-la-Ville
(Belgium), represented by S. Orlandi, A. Coolen, J.-N. Lois and
É. Marchal, lawyers, with an address for service in Luxembourg,
against Council of the European Union (Agents: F. Anton and
M. Sims) — application for annulment of the decision of the
Council not to promote the applicant to grade C 1 in the 2002
round of promotions,
Instance (Fourth
Chamber), composed of H. Legal, President, P. Lindh and
V. Vadapalas, Judges; I. Natsinas, Administrator, for the Regis-
trar, gave a judgment on 13 April 2005, in which it:

the Court of First

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

for Harmonisation in the Internal Market
Designs) of 9 July 2003 (Case R 95/2003-2);

1. Dismisses the application;

2. Orders the Office for Harmonisation in the Internal Market

2. Orders the parties to bear their own costs.

(Trade Marks and Designs) to pay the costs.

(1) OJ C 304 of 13.12.2003.

(1) OJ No C 7 of 10.1.2004.