Case T-159/05: Action brought on 22 April 2005 by unipor-Ziegel Marketing GmbH 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), building materials, trade-mark law

C 171/26

EN

Official Journal of the European Union

9.7.2005

— refuse registration of Community trade mark No 1910256
and parts

concerning the goods

‘vehicles

‘ALLTREK’
therefor’;

Action brought on 22 April 2005 by unipor-Ziegel
Marketing GmbH against the Office for Harmonisation in
the Internal Market (Trade Marks and Designs)

— order OHIM to pay the costs of the proceedings.

Pleas in law and main arguments

(Case T-159/05)

(2005/C 171/43)

(Language of the application: German)

Applicant
munity trade mark:

for

Com-

AUDI AG.

Community trade mark
sought:

The word mark ‘ALLTREK’
for
goods and services in Classes 9,
12 and 42 (Registration No
1910256).

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
April 2005 by unipor-Ziegel Marketing GmbH, Munich
(Germany),
represented by A. Beschorner and B. Glaser,
lawyers.

The other party before the Board of Appeal was Ewald Dörken
AG, Herdecke (Germany).

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

The applicant.

The applicant claims that the Court should:

Mark or sign cited in
opposition:

The German word mark ‘TREK’
for goods in Classes 6, 9, 11, 12
and 21 (No 2 092 896).

— set aside the decision of 18 February 2005 of the Second
Board of Appeal of the Office for Harmonisation in the
Internal Market — R 491/04-2-DELTA;

— order the Office for Harmonisation to pay the costs.

Decision of the Opposi-
tion Division:

Partial rejection of the opposition
(as regards Class 12).

Pleas in law and main arguments

Decision of
of Appeal:

Pleas in law:

the Board

Dismissal of the appeal.

Registered Community
trade mark in respect of
which a declaration of
invalidity is sought:

The word mark ‘DELTA’ for goods
in Classes 6 and 19 (Community
trade mark No 683458).

Misapplication of Article 8(1)(b) of
Council Regulation (EC) No 40/94
of 20 December 1993 on the
Community trade mark. There is a
likelihood of confusion between
the two opposing marks,
since
they are extremely similar and the
older mark has special distinctive
character.

Proprietor of the Com-
munity trade mark:

Ewald Dörken AG.

Applicant for a declara-
tion of invalidity of the
Community trade mark:

The applicant.

Decision of the Cancel-
lation Division:

Rejection of the application for a
declaration of invalidity.

Decision of
of Appeal:

the Board

Dismissal of the appeal.

9.7.2005

EN

Official Journal of the European Union

C 171/27

Pleas in law:

— The

contested

decision
infringes Article 7(1)(a) of
Council Regulation (EC) No 40/
94 of 20 December 1993 on
the Community trade mark,
since the registered trade mark
lacks the properties required of
a Community trade mark;
contested

decision
infringes Article 7(1)(b) of
Regulation (EC) No 40/94,
since the registered trade mark
is devoid of any distinctive
character;

— The

— The

contested

decision
infringes Article 7(1)(c) of
Council Regulation (EC) No
40/94,
registered
trade mark needs to be kept
free for trade and its registra-
tion constitutes an impermis-
sible monopolisation.

since

the

Action brought on 14 April 2005 by Dag Johansson and
Others against Commission of the European Communities

(Case T-160/05)

(2005/C 171/44)

(Language of the case: French)

An action against against the Commission of the European
Communities was brought before the Court of First Instance of
the European Communities on 14 April 2005 by Dag
Johansson, residing in Brussels, and three other officials, repre-
sented by Sébastien Orlandi, Xavier Martin, Albert Coolen,
Jean-Noël Louis and Etienne Marchal, lawyers, with an address
for service in Luxembourg.

The applicant claims that the Court should:

— annul the decisions to appoint the applicants as officials of
the European Communities in that they fix their grade on

recruitment pursuant to Article 12 of Annex XIII to the
Staff Regulations;

— order the Commission to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments put forward are the same
as those in Case T-130/05 and similar to those in Case T-58/
05.

Action brought on 18 April 2005 by Dirk Grijseels and
Ana Lopez García against the European Economic and
Social Committee

(Case T-162/05)

(2005/C 171/45)

(Language of the case: French)

the

against

Economic

Anaction
Social
European
Committee was brought before the Court of First Instance of
the European Communities on 14 April 2005 by Dirk Grijseels,
residing in Ternat (Belgium), and Ana Lopez García, residing in
Brussels,
represented by Sébastien Orlandi, Xavier Martin,
Albert Coolen, Jean-Noël Louis and Etienne Marchal, lawyers,
with an address for service in Luxembourg.

and

The applicant claims that the Court should:

— annul the decisions to appoint the applicants as officials of
the European Communities in that they fix their grade on
recruitment pursuant to Article 12 of Annex XIII to the
Staff Regulations;

— order the European Economic and Social Committee to pay

the costs.

Pleas in law and main arguments

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