Judgment of the Court of First Instance of 14 July 2005 in Case T-126/03 Reckitt Benckiser (España), SL v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition proceedings — Likelihood of confusion — Proof of use of earlier mark — Application for Community word mark ALADIN — Earlier national word mark ALADDIN — Articles 8(1)(b) and 43(2) and (3) of Regulation (EC) No 40/94)
Date: 2005-09-17
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law

C 229/14

EN

Official Journal of the European Union

17.9.2005

decision of the First Board of Appeal of OHIM of 30 May 2002
(Case R 314/1999-1), concerning an application for registration
of the word mark TOP as a Community trade mark — the
Instance (Fourth Chamber), composed of H.
Court of First
Legal, President, P. Mengozzi and I. Wiszniewska-Białecka,
Judges; H. Jung, Registrar, gave a judgment on 13 July 2005, in
which it:

between Bodegas Murúa SA and Julián Murúa Entrena — the
Court of First
Instance (Fourth Chamber), composed of H.
Legal, President, P. Mengozzi and I. Wiszniewska-Białecka,
J. Palacio González, Principal Administrator, for the
Judges;
Registrar, gave a judgment on 13 July 2005, in which it:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 261 of 26.10.2002.

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 101 of 26.4.2003.

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 13 July 2005

of 14 July 2005

in Case T-40/03: Julián Murúa Entrena v Office for Harmo-
nisation in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Community trade mark — Application for figurative Com-
munity trade mark including the verbal element
‘Julián
Murúa Entrena’ — Opposition by the proprietor of the
Spanish and international work mark MURÚA — Refusal to
register — Relative ground for refusal — Article 8(1)(b) of
Regulation (EC) No 40/94 — Surname)

in Case T-126/03 Reckitt Benckiser (España), SL v Office
for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM) (1)

(Community trade mark — Opposition proceedings — Likeli-
hood of confusion — Proof of use of earlier mark — Applica-
tion for Community word mark ALADIN — Earlier national
word mark ALADDIN — Articles 8(1)(b) and 43(2) and (3)
of Regulation (EC) No 40/94)

(2005/C 229/27)

(Language of the case: Spanish)

(2005/C 229/28)

(Language of the case: English)

Julián Murúa Entrena, residing in Elciego
In Case T-40/03:
(Spain), represented by I. Temiño Ceniceros,
lawyer, against
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM) (Agents: I. de Medrano Caballero and G.
Schneider), the other party to the proceedings before the Board
intervener before the Court of First
of Appeal of OHIM,
Instance, being Bodegas Murúa SA — action against the Deci-
sion of the Second Board of Appeal of OHIM of 9 December
2002 (Case R 599/1999-2) relating to opposition proceedings

represented by M. Esteve Sanz,

In Case T-126/03: Reckitt Benckiser (España), SL, established in
Barcelona (Spain),
lawyer,
against Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (OHIM) (Agents: A. von Mühlendahl, I. de
Medrano Caballero and A. Folliard-Monguiral), the other party
to the proceedings before the Board of Appeal of OHIM having
been Aladin Gesellschaft
innovative mikrobiologische
für
Systeme GmbH, established in Luckenwalde (Germany) —
action brought against
the First Board of
Appeal of OHIM of 31 January 2003 (Case R 389/2002-1),
relating to opposition proceedings between Reckitt Benckiser

the decision of

17.9.2005

EN

Official Journal of the European Union

C 229/15

(España), SL, and Aladin Gesellschaft für innovative mikrobiolo-
gische Systeme GmbH — the Court of First Instance (Fourth
Chamber), composed of H. Legal, President, V. Tiili and V.
Vadapalas, Judges; J. Palacio González, Principal Administrator,
for the Registrar, gave a judgment on 14 July 2005, in which
it:

1. Annuls the decision of the First Board of Appeal of the Office for
Harmonisation in the Internal Market (Trade Marks and Designs)
(OHIM) of 31 January 2003;

2. Orders OHIM to pay the costs.

(1) OJ C 135 of 7.6.2003.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 14 July 2005

in Case T-312/03 Wassen International Ltd v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Community trade mark — Opposition proceedings —
Earlier national figurative mark comprising the word element
‘Selenium Spezial A-C-E’ — Application for Community
word mark SELENIUM-ACE — Relative ground for refusal
— Likelihood of confusion — Article 8(1)(b) of Regulation
(EC) No 40/94)

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 14 July 2005

in Case T-371/03, Vincenzo Le Voci v Council of the Euro-
pean Union (1)

(Officials — Internal competition — Non-admission to the
oral tests — Breach of the competition notice — Irregularity
in the conduct of the tests of such a kind as to distort the
results — Principle of equal treatment and non-discrimina-
tion — Principle of sound administration)

(2005/C 229/30)

(Language of the case: English)

In Case T-371/03: Vincenzo Le Voci, an official of the Council
of the European Union, residing in Brussels (Belgium), repre-
sented by G. van der Wal and E. Oude Elferink, lawyer, against
Council of the European Union (Agents: M. Sims and F. Anton)
— application for annulment of
the procedure in internal
competition Council/A/270 or, in the alternative, of the Selec-
tion Board's decision not to admit the applicant to the oral
tests in that competition, — the Court of First Instance (Third
Chamber), composed of M. Jaeger, President, V. Tiili and O.
Czúcz, Judges; C. Kristensen, Administrator, for the Registrar,
gave a judgment on 14 July 2005, in which it:

1. Dismisses the action;

2. Orders the parties to bear their own costs.

(2005/C 229/29)

(1) OJ C 21 of 24.1.2004.

(Language of the case: English)

In Case T-312/03: Wassen International Ltd, established in
Leatherhead (United Kingdom), represented by M. Edenbor-
ough, Barrister, and S. Mayer, Solicitor, against Office for
(Trade Marks and
Harmonisation in the Internal Market
Designs) (OHIM) (Agents: S. Laitinen and M. Capostagno), the
other party to the proceedings before the Board of Appeal
being Stroschein Gesundkost GmbH, established in Hamburg
(Germany) — ACTION for annulment of the decision of the
Fourth Board of Appeal of OHIM of 18 June 2003 (Case R
121/2002-4),
relating to opposition proceedings between
Wassen International Ltd and Stroschein Gesundkost GmbH, —
the Court of First Instance (Third Chamber), composed of M.
Judges; B. Pastor,
Jaeger, President, V. Tiili and O. Czúcz,
Deputy Registrar, for the Registrar, gave a judgment on 14 July
2005, in which it:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 264, 1.11.2003.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 13 July 2005

in Case T-5/04: Carlo Scano v Commission of the Euro-
pean Communities (1)

(Officials — Internal competition — Multiple-choice ques-
tions — Refusal by the selection board not to take account of
certain questions — Equal treatment — Principle of good
administration — Ambit of judicial review — Action for
annulment — Action for damages)

(2005/C 229/31)

(Language of the case: French)

In Case T-5/04: Carlo Scano, official of the Commission of the
European Communities, resident in Brussels (Belgium), repre-
sented by M.-A. Lucas, lawyer, against the Commission of the