Case T-240/05: Action brought on 1 July 2005 by The Black & Decker Corporation against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2005-08-20
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), hand tool, trade-mark law

C 205/34

EN

Official Journal of the European Union

20.8.2005

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

Atlas Copco Aktiebolag

Atlas Copco Aktiebolag, established in Stockholm (Sweden),
was also a party to the proceedings before the Board of
Appeal.

Trade mark or
cited in opposition:

sign

Non-registered trade marks and
signs, used in the course of trade
in all Member States for power
tools.

The applicant claims that the Court should:

— annul the contested decision of the First Board of Appeal of

the OHIM of 19 April 2005 (Case R 729/2004-1);

Decision of the Opposi-
tion Division:

Rejects opposition as inadmissible

— declare opposition proceedings B490 336 inadmissible;

Decision of
of Appeal:

the Board

Annuls the contested decision and
remits the case to the Opposition
Division for further prosecution

— order that the costs occasioned by the applicant in the
course of the present proceedings and its appeal be borne
by the OHIM.

Pleas in law:

that

have

claims

applicant

the
The
opposition
been
should
declared inadmissible as it did not
identify
the
earlier marks and signs relied on,
in violation of Rule 18(1) of Regu-
lation No 2868/95 (1)

sufficiently

clearly

(1) Commission Regulation (EC) No 2868/95 of 13 December 1995
implementing Council Regulation (EC) No 40/94 on the Com-
munity trade mark, OJ L 303, 15/12/1995 p. 1

Action brought on 1 July 2005 by The Black & Decker
Corporation against the Office for Harmonisation in the
Internal Market (Trade Marks and Designs)

(Case T-240/05)

(2005/C 205/61)

(Language in which the application was lodged: English)

Pleas in law and main arguments

Applicant
munity trade mark:

for

Com-

The applicant

Community trade mark
concerned:

Coloured three-dimensional mark
in black and yellow, in the form
of a tool
for goods in Class 7
(manually operated portable elec-
tric power tools etc.)

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

Atlas Copco Aktiebolag

Trade mark or
cited in opposition:

sign

Non-registered trade marks and
signs, used in the course of trade
in all Member States for power
tools.

Decision of the Opposi-
tion Division:

Rejects opposition as inadmissible

An action against the Office for Harmonisation in the Internal
(Trade Marks and Designs) was brought before the
Market
Court of First Instance of the European Communities on 1 July
2005 by The Black & Decker Corporation, established in
Towson, Maryland (USA), represented by P. Harris, Solicitor.

Decision of
of Appeal:

the Board

Annuls the contested decision and
remits the case to the Opposition
Division for further prosecution

20.8.2005

EN

Official Journal of the European Union

C 205/35

Pleas in law:

that

have

claims

applicant

the
The
opposition
been
should
declared inadmissible as it did not
the
identify
earlier marks and signs relied on,
in violation of Rule 18(1) of Regu-
lation No 2868/95 (1).

sufficiently

clearly

(1) Commission Regulation (EC) No 2868/95 of 13 December 1995
implementing Council Regulation (EC) No 40/94 on the Com-
munity trade mark, OJ L 303, 15/12/1995, p. 1.

Decision of
iner:

Decision of
of Appeal:

Pleas in law:

the exam-

Refusal of the application

the Board

Dismissal of the appeal

Violation of Article 7(1)(b) of
Council Regulation No 40/94

Action brought on 29 June 2005 by The Procter &
Gamble Company against the Office for Harmonisation in
the Internal Market (Trade Marks and Designs)

Action brought on 27 June 2005 by AEPI A.E. against the
Commission of the European Communities

(Case T-241/05)

(2005/C 205/62)

(Language of the case: English)

An action against the Office for Harmonisation in the Internal
(Trade Marks and Designs) was brought before the
Market
Court of First Instance of the European Communities on 29
June 2005 by The Procter & Gamble Company, established in
Cincinnati, Ohio (USA), represented by G. Kuipers, lawyer, with
an address for service in Luxembourg.

The applicant claims that the Court should:

— annul the Decision of the First Board of Appeal of the
OHIM of 14 April 2005 in Case R 843/2004-1 in so far as
it finds that the mark does not satisfy the conditions laid
down in Article 7(1)(b) of Regulation No 40/94;

— order the OHIM to pay the costs.

Pleas in law and main arguments

Community trade mark
concerned:

three

The
dimensional mark
consisting of a square white tablet
showing a lilac six petalled floral
design for
in class 3
goods
(Washing and bleaching prepara-
tions and other
for
laundry use; preparations for the
washing cleaning and care of
dishes; soaps;...) — application No
1 683 523

substances

(Case T-242/05)

(2005/C 205/63)

(Language of the case: Greek)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 27 June 2005 by Elliniki Etairia
pros Prostasian tis Pnevmatikis Idioktisias, a company estab-
lished in Maroussi, Attica, represented by T. Asprogerakas-
Grivas, lawyer.

The applicant claims that the Court should:

— annul the contested measures;

— entertain and hear

the original

complaint as

to its

substance;

— uphold the applicant's original complaint in its entirety;

— order the European Commission to pay the costs of the

proceedings and the fees of the applicant's lawyer.

Pleas in law and main arguments

The applicant, which is a company for the collective manage-
ment of musical intellectual-property rights in Greece, lodged a
complaint with the European Commission referring to Article
226 EC, seeking a finding that the Greek Minister for Culture
had infringed the competition rules (Article 81 EC) by the crea-
tion, as pleaded, of monopolistic situations on the grant of
licences to bodies engaging in the collective management of
intellectual-property rights and related rights.