Judgment of the Court of First Instance of 22 June 2005 in Case T-19/04, Metso Paper Automation Oy v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Word mark PAPERLAB — Absolute ground for refusal of registration — Article 7(1)(c) of Regulation (EC) No 40/94 — Descriptive sign)
Date: 2005-08-20
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), computer equipment, pulp and paper industry, testing, trade-mark law

C 205/20

EN

Official Journal of the European Union

20.8.2005

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 16 June 2005

in Case T-352/03, Giorgio Lebedef v Commission of the
European Communities (1)

(Community officials — Staff report — Delay in drawing up
report — Action for damages)

(2005/C 205/34)

(Language of the case: French)

the European Communities,

In Case T-352/03, Giorgio Lebedef, official of the Commission
residing in Senningerberg
of
(Luxembourg), represented by G. Bouneou and F. Frabetti,
lawyers, with an address for service in Luxembourg, v Commis-
sion of the European Communities (Agents: J. Currall and C.
Berardis-Kayser, with an address for service in Luxembourg) —
action for damages by way of compensation for the non-
pecuniary damage suffered due to the delay in drawing up the
staff report for the 1999/2001 period, — the Court of First
I. Natsinas,
Instance, composed of V. Tiili,
in
Administrator, has given a judgment on 16 June 2005,
which it:

Judge, Registrar:

1) Orders the Commission to pay the applicant

the amount of

EUR 950.

2) Dismisses the remainder of the action.

3) Orders the Commission to pay the costs.

(1) OJ C 7 of 10.1.2004

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 15 June 2005

in Case T-7/04 Shaker di L. Laudato & C. Sas v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Community trade mark — Application for figurative Com-
munity trade mark Limoncello della Costiera Amalfitana
shaker — Earlier national word mark LIMONCHELO —
Likelihood of confusion — Article 8(1)(b) of Regulation (EC)
No 40/94)

(2005/C 205/35)

(Language of the case: Italian)

In Case T-7/04: Shaker di L. Laudato & C. Sas, established in
lawyer,
Vietri sul Mare (Italy), represented by F. Sciaudone,

against Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (OHIM) (agent: M. Capostagno), the other
party to the proceedings before the Board of Appeal of OHIM
having been Limiñana y Botella, SL, established in Monforte del
Cid (Spain), action brought against the decision of the Second
Board of Appeal of OHIM of 24 October 2003 (Case R 933/
2002-2), relating to opposition proceedings between Limiñana
y Botella, SL and Shaker di L. Laudato & C. Sas, the Court of
First Instance (Third Chamber), composed of M. Jaeger, Presi-
dent, J. Azizi and E. Cremona, Judges; B. Pastor, Deputy Regis-
trar, gave a judgment on 15 June 2005, in which it:

1. Annuls the decision of the Second Board of Appeal of the Office
for Harmonisation in the Internal Market
(Trade Marks and
Designs) (OHIM) of 24 October 2003 (Case R 933/2002-2)
and alters it so that the appeal brought before OHIM by the
applicant is well founded and consequently the opposition must be
rejected;

2. Orders OHIM to pay the costs.

(1) OJ C 59 of 6.3.2004.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 22 June 2005

in Case T-19/04, Metso Paper Automation Oy v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Community trade mark — Word mark PAPERLAB — Abso-
lute ground for refusal of registration — Article 7(1)(c) of
Regulation (EC) No 40/94 — Descriptive sign)

(2005/C 205/36)

(Language of the case: English)

(OHIM)

(Finland),

represented by J. Tanhuanpää,

In Case T-19/04, Metso Paper Automation Oy, established in
Helsinki
lawyer,
against the Office for Harmonisation in the Internal Market
(Trade Marks and Designs)
(agent: S. Laitinen) —
action against the decision of the First Board of Appeal of
OHIM of 17 November 2003 (Case R 842/2002-1) concerning
an application for registration of the Community word mark
Instance (Fourth Chamber),
PAPERLAB,
composed of H. Legal, President, P. Mengozzi and I. Wisz-
niewska-Białecka, Judges; B. Pastor, Deputy Registrar, for the
Registrar, gave a judgment on 22 June 2005, in which it:

the Court of First

20.8.2005

EN

Official Journal of the European Union

C 205/21

1. Dismisses the action;

JUDGMENT OF THE COURT OF FIRST INSTANCE

2. Orders the applicant to pay the costs.

of 15 June 2005

(1) OJ C 71 of 20.3.2004

in Case T-186/04 Spa Monopole, compagnie fermière de
Spa SA/NV v Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for registration of Community work mark SPAFORM
— Earlier word marks SPA and SPA THERMES — Partial
rejection of the opposition — Rule 18(1) of Regulation (EC)
No 2868/95)

JUDGMENT OF THE COURT OF FIRST INSTANCE

(2005/C 205/38)

of 22 June 2005

(Language of the case: English)

in Case T-34/04 Plus Warenhandelsgesellschaft mbH v
Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (OHIM) (1)

(Community trade mark — Application for a Community
figurative mark containing the verbal element
‘Turkish
Power’ — Earlier word mark POWER — Opposition proceed-
ings — Likelihood of confusion — Article 8(1)(b) of Regu-
lation (EC) No 40/94)

(2005/C 205/37)

(Language of the case: German)

In Case T-34/04: Plus Warenhandelsgesellschaft mbH, estab-
lished in Mühlheim (Germany), represented by B. Piepenbrink,
lawyer, against Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (OHIM) (Agent: G. Schneider), the
other parties to the proceedings before the OHIM Board of
Appeal having been Joachim Bälz and Friemar Hiller, residing
in Stuttgart (Germany) — action brought against the decision
of the Second Board of Appeal of OHIM of 25 November
2003 (Case R 620/2002-2) concerning opposition proceedings
between Tengelmann Warenhandelsgesellschaft and Bälz and
Hiller — the Court of First
Instance (Fourth Chamber),
composed of H. Legal, President, P. Lindh and V. Vadapalas,
Judges; C. Kristensen, Administrator, for the Registrar, gave a
judgment on 22 June 2005, in which it:

1. Dismisses the application;

In Case T-186/04, Spa Monopole, compagnie fermière de Spa
SA/NV, established in Spa (Belgium), represented by L. de
Brouwer, E. Cornu, É. De Gryse and D. Moreau, against Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (Agent: G. Schneider), the other party to the
proceedings before the Board of Appeal of OHIM, intervener
before the Court of First Instance, being Spaform Ltd, estab-
lished in Southampton (United Kingdom), represented by J.
Gardner and A. Howard, Barristers, application for annulment
of the decision of the Fourth Board of Appeal of OHIM of 25
February 2004 (Case R 827/2002-4) relating to opposition
proceedings between Spa Monopole, compagnie fermière de
Spa SA/NV and Spaform Ltd — the Court of First Instance
(Second Chamber), composed of
J. Pirrung, President, N.J.
Forwood and S. Papasavvas, Judges; B. Pastor, Deputy Registrar,
for the Registrar, gave a judgment on 15 June 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) (OHIM) of 25 February 2004 (Case R 827/2002-4)
in part, in so far as it declares inadmissible the opposition based
on Article 8(5) of Council Regulation (EC) No 40/94 of 20
December 1993 on the Community trade mark, as regards the
SPA mark registered in Benelux under No 389 230;

2. Dismisses the remainder of the application;

3. Orders OHIM to bear its own costs and to pay those incurred by

the applicant;

2. Orders the applicant to pay the costs.

4. Orders the intervener to bear its own costs.

(1) OJ C 106 of 30.4.2004

(1) OJ C 201 of 7.8.2004