Judgment of the Court of First Instance of 7 July 2005 in Case T-385/03 Miles Handelsgesellschaft International mbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition proceedings — Application for a Community figurative mark containing the verbal element ‘Biker Miles’ — Earlier Community word mark MILES — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94)
Date: 2005-09-03
Institutions: Court of First Instance
Subjects: European Union Intellectual Property Office, action for annulment (EU), trade-mark law, two-wheeled vehicle

C 217/38

EN

Official Journal of the European Union

3.9.2005

JUDGMENT OF THE COURT OF FIRST INSTANCE

3. Orders the intervener to bear its own costs.

of 7 July 2005

(1) OJ C 35, 7.2.2004

in Case T-385/03 Miles Handelsgesellschaft International
mbH v Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (OHIM) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for a Community figurative mark containing the
verbal element ‘Biker Miles’ — Earlier Community word
mark MILES — Likelihood of confusion — Article 8(1)(b) of
Regulation (EC) No 40/94)

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 30 June 2005

(2005/C 217/84)

(Language of the case: German)

In Case T-385/03: Miles Handelsgesellschaft International mbH,
established in Norderstedt (Germany), represented by F. Dett-
mann and A. Deutsch, lawyers, against Office for Harmonisa-
tion in the Internal Market (Trade Marks and Designs) (OHIM)
(Agents: T. Eichenberg and G. Schneider), the other party to
the proceedings before the OHIM Board of Appeal, intervener
before the Court of First Instance, being Biker Miles Motorrad
Handels- und Vertriebsgesellschaft mbH, established in Berlin
(Germany), represented by G. Malchartzeck, lawyer — action
brought against the decision of the Second Board of Appeal of
OHIM of 9 September 2003 (Case R 174/2002-2) concerning
opposition proceedings between Biker Miles Motorrad Handels-
und Vertriebsgesellschaft mbH and Miles Handelsgesellschaft
International mbH — the Court of First
Instance (Fourth
Chamber), composed of H. Legal, President, P. Lindh and V.
Vadapalas, Judges; B. Pastor, Deputy Registrar, for the Registrar,
gave a judgment on 7 July 2005, in which it:

in Case T-439/03 Ulrike Eppe v the European Parlia-
ment (1)

(Open competition — Non-admission to tests — Necessary
professional experience)

(2005/C 217/85)

(Language of the case: German)

In Case T-439/03: Ulrike Eppe, residing in Hanover (Germany),
represented by W. Klöber, lawyer, against the European Parlia-
ment (Agents: J. de Wachter and N. Lorenz with an address for
service in Luxembourg) — application for, firstly, the annul-
ment of the decisions of the selection board in competition
EUR/A/167/02 of 24 February and 28 April 2003 and,
secondly,
the Appointing Authority of 17
September 2003 — the Court of First Instance (Fifth Chamber),
composed of M. Vilaras, President, F. Dehousse and D. Šváby,
Judges; H. Jung, Registrar, gave a judgment on 30 June 2005,
in which it:

the decision of

1. Dismisses the application;

2. Orders the parties to bear their own costs, including those of the

interlocutory proceedings.

1. Annuls the decision of the Second Board of Appeal of OHIM of

9 September 2003 (Case R 174/2002-2);

(1) OJ C of 17.4.2004

2. Orders OHIM to pay the costs incurred by the applicant;