Joined Cases T-178/03 and 179/03: Judgment of the Court of First Instance of 8 September 2005 — CeWe Color v OHIM (Community trade mark — Word signs DigiFilm and DigiFilmMaker — Absolute grounds for refusal — Article 7(1)(b) and (c) of Regulation (EC) No 40/94)
Date: 2005-10-15
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), recording medium, trade-mark law, visual arts

15.10.2005

EN

Official Journal of the European Union

C 257/9

Judgment of the Court of First Instance of 13 September
2005 — Atienza Morales v Commission

(Case T-99/03) (1)

Defendant(s): Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by I Mayer and M.G.
Schneider, Agents)

(Officials — Remuneration — Expatriation allowance —
Article 4(1)(a) of Annex VII to the Staff Regulations —
Meaning of ‘international organisation’)

Application for:

(2005/C 257/15)

Language of the case: French

annulment of the decisions of the Third Board of Appeal of
OHIM of 12 March 2003 (Cases R 638/2002-3 and R
641/2002-3), in relation to registration of the word signs Digi-
FilmMaker and DigiFilm as Community trade marks

Parties:

Applicant(s): Maria Luisa Atienza Morales (Brussels, Belgium)
(represented by: É. Boigelot, lawyer)

Operative part of the judgment:

Defendant(s): Commission of the European Communities (repre-
sented by: J. Curral and V. Joris, agents)

The Court:

Application for:

(i) annulment of the Commission's decision of 20 June 2002
refusing to grant the applicant payment of the expatriation
allowance laid down in Article 4(1)(a) of Annex VII to the Staff
Regulations of Officials of the European Communities and the
Commission's decision of 13 December 2002 rejecting the
complaint brought to that end and (ii) payment of that allow-
ance from 1 April 2002

1. Dismisses the actions.

2. Orders the applicant to pay the costs.

(1) OJ C 184, 2.8.2003

Operative part of the judgment:

The Court:

1) Dismisses the application;

2) Orders each party to bear its own costs.

(1) OJ C 124 , 24.5.2003.

Judgment of the Court of First Instance of 13 September
2005 — Fernández Gómez v Commission

(Case T-272/03) (1)

(Staff cases — Temporary agent — Article 2(a) of the CEOS
— Admissibility — Confirmatory act — Limitation of the
duration of the contract — Possibility of renewal — Anti-
overlap rule — Period worked as a national expert on second-
ment — Discretionary power of the Commission)

Judgment of the Court of First Instance of 8 September
2005 — CeWe Color v OHIM

(Joined Cases T-178/03 and 179/03) (1)

(Community trade mark — Word signs DigiFilm and Digi-
refusal — Article
FilmMaker — Absolute grounds for

7(1)(b) and (c) of Regulation (EC) No 40/94)

Parties:

(2005/C 257/17)

Language of the case: French

(2005/C 257/16)

Language of the case: German

(Brussels,
Applicant(s): Maria Dolores
Belgium) (represented initially by J. Iturriagagoitia Bassas and K.
Delvolvé and then by J. Iturriagagoitia Bassas, lawyers)

Fernández Gómez

Parties:

Applicant(s): CeWe Color AG & Co. OHG (Oldenburg,
Germany) (represented by C. Spintig, S. Richter, U. Sander and
H. Förster, lawyers)

Defendant(s): Commission of the European Communities (repre-
sented initially by J. Curral, H. Tserepa-Lacombe and F.
Clotuche-Duvieusart and then J. Curral and H. Tserepa-
Lacombe, as agents)