Case T-317/05: Action brought on 16 August 2005 — Kustom Musical Amplification/OHIM
Date: 2005-10-29
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), musical instrument, trade-mark law

29.10.2005

EN

Official Journal of the European Union

C 271/23

Pleas in law and main arguments

Pleas in law and main arguments

represented by the European
The European Community,
Commission, concluded with the defendant, as member of a
consortium, Contract No G1ST-CT-2002-50227-PLASMA-
LEATHER concerning a specific research and technological
development programme relating to cold plasma treatment for
water-repellent leather.

The contract provided that the Commission would contribute
financially to the proper performance of
the project, by
payment of a sum which would not exceed EUR 832 362.
Within that framework the Commission paid to the defendant,
through the coordinator of the consortium, an advance of
EUR 23 036.31.

However, immediately after receipt of that sum the defendant
declared to the coordinator that she had stopped the produc-
tion of leather articles, had decided to move her business activ-
ities to a different line, could not guarantee successful conclu-
sion of the project activities and considered that it would be
better to leave the project at the beginning of all activities.

The applicant puts forward the same pleas in law and main
arguments that it has put forward in Case T-300/05.

(1) Commission Regulation (EC) No 832/2005 of 31 May 2005 on the
determination of surplus quantities of sugar, isoglucose and fructose
for the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary,
Malta, Poland, Slovenia and Slovakia (OJ No L 138, 1.6.2005, p. 3).

Action brought on 16 August 2005 — Kustom Musical
Amplification/OHIM

(Case T-317/05)

(2005/C 271/46)

Language of the case: English

The defendant was repeatedly given notice to pay, but she did
not return the amount of the advance although, as the coordi-
nator has certified, she did not participate at all in the research
and consequently did not use the advance for such a purpose.

Parties

By its action, the Commission seeks payment of the aforemen-
tioned sum owed and the interest due thereon.

Action brought on 12 August 2005 — Republic of Cyprus
v Commission

(Case T-316/05)

(2005/C 271/45)

Language of the case: Greek

Parties

Applicant(s): Republic of Cyprus (represented by: Petros Kliridis)

Defendant(s): Commission of the European Communities

Form of order sought

The applicant(s) claim(s) that the Court should:

— annul Regulation No 832/2005; (1)

— order the Commission to pay the costs.

Applicant(s): Kustom Musical Amplification Inc.
by: M.
[represented
USA)
T.Bamford, solicitor]

Edenborough,

(Cincinnati,
and

barrister

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Form of order sought

— Annul the Decision of the Second Board of Appeal No
1035/2004-2, or alternatively, annul partially such that the
specification of goods is restricted to ‘Stringed instruments,
namely professional, electric guitars’ in class 15;

— Remit

the Community

application No
3 206 372 to the office so as to allow the said application
to proceed to advertisement;

trade mark

— Order the respondent to pay to the appellant/applicant the
costs incurred by the appellant/applicant
in connection
with this appeal and the appeal before the Board of Appeal
and the prosecution before the examiner.

Pleas in law and main arguments

Community trade mark concerned: The three dimensional mark
representing the body of the so-called Beast guitar for goods in
class 15 (stringed instruments, namely guitars)
(Community
trade mark application No 3 206 372)

Decision of the examiner: Rejection of the trade mark application.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Violation of Article 7(1)(b) of Regulation 40/94.