Case T-194/05: Action brought on 9 May 2005 by Teletech Holdings Inc., against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2005-07-09
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), information technology, management, provision of services, trade-mark law

C 171/34

EN

Official Journal of the European Union

9.7.2005

— order the Commission to pay the costs.

Pleas in law and main arguments

the exam-
contested before

Decision of
iner
the Board of Appeal:

Dismissal of the application

The pleas in law and main arguments put forward are the same
as those in Cases T-130/05, T-160/05, T-162/05 and T-170/05
and similar to those in Cases T-58/05 and T-164/05.

Decision of
of Appeal:

Pleas in law:

the Board

Dismissal of the appeal

Incorrect
application of Article
7(1)(b) of Regulation (EC) No
40/94

Action brought on 9 May 2005 by The Sherwin-Williams
Company against the Office for Harmonisation in the
Internal Market (Trade Marks and Designs)

(Case T-190/05)

(2005/C 171/55)

(Language of the case: Spanish)

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM) was brought before
the Court of First Instance of the European Communities on 9
May 2005 by The Sherwin-Williams Company, represented by
Enrique Armijo Chavarri and Antonio Castán Pérez-Gómez,
lawyers.

The applicant claims that the Court should:

— annul the decision of the Second Board of Appeal of OHIM

of 22 February 2003 (Case R 755/2004-2);

Action brought on 9 May 2005 by Teletech Holdings Inc.,
the Office for Harmonisation in the Internal
against

Market (Trade Marks and Designs)

(Case T-194/05)

(2005/C 171/56)

(Language in which the application was lodged: English)

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 9 May
2005 by Teletech Holdings Inc., established in Englewood,
Colorado (USA), represented by A. M. Gould, Solicitor.

— order OHIM to pay the costs.

Teletech International S.A. established in Paris (France), was
also a party to the proceedings before the Board of Appeal.

Pleas in law and main arguments:

The applicant claims that the Court should:

— Annul the Decision the First Board of Appeal of the OHIM,

of 3 March 2005, in case R 497/2004-1;

Community trade mark
sought:

Word mark TWIST & POUR —
Application No 3.071.041,
for
goods
in Class 21 (hand held
plastic containers sold as an inte-
gral
paint
a
containing storage and pouring
device)

liquid

part

of

— Remit

the matter to the Opposition Division for it

to
consider and rule on TeleTech's US opposition to Com-
munity trade mark 2 168 409 in the name of Teletech
International SA based on its Community trade mark No.
134 908 TELETECH GLOBAL VENTURES;

9.7.2005

EN

Official Journal of the European Union

C 171/35

— Order the Office to pay TeleTech's US's costs relating to its
proceedings both in the Court of First Instance and before
the Board of Appeal.

Pleas in law and main arguments

Applicant
munity trade mark:

for

Com-

TELETECH INTERNATIONAL S.A.

Removal from the Register of Case T-398/02 (1)

(2005/C 171/57)

(Language of the case: Italian)

By order of 2 May 2005, the President of the Fourth Chamber
of the Court of First Instance of the European Communities has
ordered the removal from the Register of Case T-398/02, Linea
the European
GIG S.r.l.
Communities.

in liquidation v Commission of

Community trade mark
concerned:

Word mark TELETECH INTERNA-
TIONAL for services in classes 35,
38 and 42

(1) OJ C 44 of 22.2.2003.

Proprietor of mark or
sign cited in the opposi-
tion proceedings:

Trade mark or
cited in opposition:

sign

The applicant

National mark ‘TELETECH’ and
Community trade mark ‘TELE-
TECH GLOBAL VENTURES’

Removal from the Register of Case T-441/03 (1)

(2005/C 171/58)

(Language of the case: Dutch)

Decision of the Opposi-
tion Division:

Registration refused

Decision of
of Appeal:

Pleas in law:

the Board

Declares the appeal inadmissible

was

the
The applicant contends that
Court of First Instance's judgment
of 16 September 2004 in case T-
342/02,
Metro-Goldwyn-Mayer
Lion / OHMI declaring an appeal
in similar circumstances
brought
wrongly
inadmissible,
decided;
it
submits that this judgment could
be distinguished; finally, it submits
that its position in the USA has
been seriously prejudiced by the
decision of the Opposition Divi-
sion and that, therefore, its appeal
against the latter's decision should
have been declared admissible.

alternative,

in the

the Court of First

the Fourth
By order of 28 April 2005,
Chamber of
the European
Communities has ordered the removal from the Register of
Case T-441/03, N.V. Firma Léon Van Parys and Others v
Commission of the European Communities.

the President of
Instance of

(1) OJ C 59 of 6.3.2004.

Removal from the Register of Case T-244/04 (1)

(2005/C 171/59)

(Language of the case: Dutch)

By order of 4 May 2005, the President of the Second Chamber
of the Court of First Instance of the European Communities has
ordered the removal from the Register of Case T-244/04, Elisa-
beth Saskia Smit v Europese Politiedienst (Europol).

(1) OJ C 217 of 28.8.2004.