Judgment of the Court of First Instance of 8 June 2005 in Case T-315/03 Hans-Peter Wilfer v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Word mark ROCKBASS — Absolute grounds for refusal — Article 7(1)(c) of Regulation (EC) No 40/94 — Examination of the facts by the Board of Appeal of its own motion — Failure to take into account evidence produced by the applicant — Article 74(1) and (2) of Regulation (EC) No 40/94)
Date: 2005-08-06
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), musical instrument, sound reproduction equipment, trade-mark law

C 193/26

EN

Official Journal of the European Union

6.8.2005

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 8 June 2005

of 7 June 2005

in Case T-315/03 Hans-Peter Wilfer v Office for Harmoni-
sation in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Community trade mark — Word mark ROCKBASS —
Absolute grounds for refusal — Article 7(1)(c) of Regulation
(EC) No 40/94 — Examination of the facts by the Board of
Appeal of its own motion — Failure to take into account
evidence produced by the applicant — Article 74(1) and (2)
of Regulation (EC) No 40/94)

Case

in
T-316/03, Münchener Rückversicherungs-
Gesellschaft AG v Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM) (1)

(Community trade mark — Word mark MunichFinancialSer-
vices — Absolute ground of refusal — Descriptive character
— Article 7(1)(c) of Regulation (EC) No 40/94)

(2005/C 193/42)

(2005/C 193/43)

(Language of the case: German)

(Language of the case: German)

represented by A. Kockläuner,

in Markneu-
In Case T-315/03: Hans-Peter Wilfer, resident
kirchen (Germany),
lawyer,
against the Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (OHIM) (Agents: D. Schennen and
G. Schneider) — action against the decision of the First Board
of Appeal of OHIM of 11 July 2003 in Case R 266/2002-1
concerning registration of the word sign ROCKBASS as a Com-
Instance (Fourth
munity trade mark — the Court of First
Chamber), composed of H. Legal, President, P. Lindh and V.
Vadapalas, Judges; I. Natsinas, Administrator, for the Registrar,
gave a judgment on 8 June 2005, in which it:

1. Dismisses the action;

In Case T-316/03: Münchener Rückversicherungs-Gesellschaft
AG, established in Munich (Germany),
represented by G.
Würtenberger and R. Kunze, lawyers, against Office for Harmo-
nisation in the Internal Market
(Trade Marks and Designs)
(Agents: D. Schennen and G. Schneider) — Action
(OHIM)
brought against the decision of the Fourth Board of Appeal of
OHIM of 26 June 2003 (Case R 337/2002-4), regarding an
application for registration of
the Community word mark
MunichFinancialServices — the Court of First Instance (Fifth
Chamber), composed of M. Vilaras, President, M. E. Martins
Ribeiro and K. Jürimäe, Judges; C. Kristensen, Administrator,
for the Registrar, gave a judgment on 7 June 2005, in which it:

2. Orders the applicant to pay three-quarters of its own costs and

three-quarters of the costs incurred by OHIM;

1. Dismisses the application;

3. Orders OHIM to pay one quarter of its own costs and one quarter

of the costs incurred by the applicant.

2. Orders the applicant to pay the costs.

(1) OJ C 289 of 29.11.2003.

(1) OJ C 289 of 29.11.2003.