Order of the Court of First Instance of 8 March 2005 in Case T-84/04 Axiom Medical, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition — Withdrawal of opposition — No need to adjudicate)
Date: 2005-06-25
Institutions: Court of First Instance
Subjects: European Union Intellectual Property Office, action for annulment (EU), brand name, trade-mark law

C 155/22

EN

Official Journal of the European Union

25.6.2005

ORDER OF THE COURT OF FIRST INSTANCE

of 8 April 2005

in Case T-401/03: Deirdre McCabe v Commission of the
European Communities (1)

(Officials — Recruitment — Probationary period at Eurostat
— Dismissal following the probationary period — Action for
annulment — Claim for damages — Preliminary administra-
tive complaint — Inadmissible)

Köbbing,
lawyer, against Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (OHIM), represented
by G. Schneider, acting as Agent,
the other party to the
proceedings before the Board of Appeal of OHIM being Paul
Hartmann Aktiengesellschaft,
in Heidenheim
(Germany), — ACTION for annulment of the decision of the
First Board of Appeal of OHIM of 17 December 2003 (Case R
193/2002-1)
relating to opposition proceedings between
Axiom Medical, Inc. and Paul Hartmann Aktiengesellschaft —
the Court of First Instance (Fourth Chamber), composed of H.
Legal, President, P. Lindh and V. Vadapalas, Judges; H. Jung,
Registrar, made an order on 8 March 2005, the operative part
of which is as follows:

established

(2005/C 155/43)

(Language of the case: French)

In Case T- T-401/03: Deirdre McCabe, a former probationer at
the Commission of the European Communities, residing in
Mondorf-les-Bains (Luxembourg), represented by M- Spandre
and B. Zammitto, lawyers, against Commission of the European
Communities (Agents: J. Currall and H. Kraemer, assisted by
B. Wägenbaur, lawyer, with an address for service in Luxem-
bourg — application, first, for annulment of the Commission
decision of 25 August 2003 dismissing the applicant following
her probationary period and, second, for damages, the Court of
First Instance (Fourth Chamber), composed of H. Legal, Presi-
dent, P. Lindh and V. Vadapalas, Judges; H. Jung, Registrar,
made an order on 8 April 2005 in which it:

1. Dismisses the application as inadmissible;

2. Orders the parties to bear their own costs.

(1) OJ No 35 of 7.2.2004.

ORDER OF THE COURT OF FIRST INSTANCE

of 8 March 2005

in Case T-84/04 Axiom Medical, Inc. v Office for Harmoni-
sation in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Community trade mark — Opposition — Withdrawal of
opposition — No need to adjudicate)

(2005/C 155/44)

(Language of the case: German)

1. There is no need to adjudicate on the application;

2. Each party shall bear its own costs.

(1) OJ C 106, 30.4.2004.

Action brought on 22 February 2005 by K & L Ruppert
Stiftung & Co. Handels-KG against the Office for Harmoni-
sation in the Internal Market (Trade Marks and Designs)

(Case T-86/05)

(2005/C 155/45)

(Language in which the application was submitted: German)

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on 22
February 2005 by K & L Ruppert Stiftung & Co. Handels-KG,
established in Weilheim (Germany), represented by D. Spohn,
lawyer.

Natália Cristina Lopes de Almeida Cunha, Cláudia Couto
Simões and Marly Lima Jatobá, residing at Vila Nova de Gaia
(Portugal), were also a party to the proceedings before the
Board of Appeal.

The applicant claims that the Court should:

— annul

the decision of

the First Board of Appeal of 7

December 2004 in Case R 328/2004-1;

In Case T-84/04: Axiom Medical, Inc., established in Rancho
represented by R.
Dominguez (United States of America),

— order the defendant to pay the costs.