Judgment of the Court of First Instance of 20 April 2005 in Case T-211/03 Faber Chimica Srl v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Application for figurative mark Faber — Opposition of the proprietor of the national word and figurative marks NABER — Refusal of registration)
Date: 2005-06-25
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), adhesive, chemical product, trade-mark law

25.6.2005

EN

Official Journal of the European Union

C 155/15

3. Dismisses as inadmissible the claim for damages, as regards the
incurred by the applicant before 31

bank guarantee charges
January 1998;

2. Orders the applicant to pay the costs incurred by the Office for
(Trade Marks and

Internal Market

Harmonisation in the
Designs);

4. Dismisses the remainder of the application as unfounded;

3. Orders the intervener to bear its own costs.

5. Orders the applicant to pay the costs.

(1) OJ C 184, 2.08.2003.

(1) OJ C 124 of 24.5.2003.

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 20 April 2005

of 21 April 2005

in Case T-164/03 Ampafrance SA v Office for Harmonisa-
tion in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for Community figurative trade mark comprising the
word element ‘monBeBé’ — Earlier word marks bebe — Rela-
tive ground of refusal — Likelihood of confusion — Article
8(1)(b) and (5) of Regulation (EC) No 40/94)

in Case T-211/03 Faber Chimica Srl v Office for Harmoni-
sation in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Community trade mark — Application for figurative mark
Faber — Opposition of the proprietor of the national word
and figurative marks NABER — Refusal of registration)

(2005/C 155/30)

(2005/C 155/29)

(Language of the case: Italian)

(Language of the case: French)

In Case T-164/03: Ampafrance SA, established in Cholet
(France), represented by C. Bercial Arias, lawyer, against Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (Agents: A. Rassat and A. Folliard-Monguiral),
the other party to the proceedings before the Board of Appeal
of OHIM, intervening before the Court of First Instance, being
established in Düsseldorf
Johnson and Johnson GmbH,
(Germany), represented by D. von Schultz,
lawyer — action
against the decision of the First Board of Appeal of OHIM of 4
March 2003 (Case R 220/2002-1), concerning opposition
proceedings between Ampafrance SA and Johnson & Johnson
GmbH — the Court of First
Instance (Third Chamber),
composed of M. Jaeger, President, V. Tiili and O. Czúcz, Judges;
J. Plingers Administrator, for the Registrar, gave a judgment on
21 April 2005, in which it:

1. Dismisses the action;

In Case T-211/03: Faber Chimica Srl, established in Fabriano
(Italy), represented by P. Tartuferi and M. Andreano, lawyers,
against Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (OHIM) (Agents: M. Capostagno and O.
Montalto), the other party to the proceedings before the Board
of Appeal of OHIM being Industrias Quimicas Naber, SA
Nabersa, established in Valencia (Spain) — action against the
decision of the Fourth Board of Appeal of OHIM of 19 March
2003 (Case R 620/2001-4) concerning opposition proceedings
between Faber Chimica Srl and Industrias Quimicas Naber, SA
Nabersa — the Court of First
Instance (Second Chamber),
composed of J. Pirrung, President, N.J. Forwood and S. Papa-
savvas, Judges; J. Palacio González, Principal Administrator, for
the Registrar, gave a judgment on 20 April 2005, in which it:

1. Annuls the decision of the Fourth Board of Appeal of the Office
(Trade Marks and
for Harmonisation in the Internal Market
Designs) of 19 March 2003 (Case R 620/2001-4) in so far as
it upholds the opposition of the proprietor of the Spanish word
mark NABER;

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.