Case T-147/03: Judgment of the Court of First Instance of  12 January 2006  — Devinlec v OHIM (Community trade mark — Figurative mark containing the verbal element  quantum  — Opposition of the proprietor of the national figurative mark Quantième — Relative ground of refusal — Likelihood of confusion — Article 8(1)(b), Article 15(2) and Article 43(3) of Regulation (EC) No 40/94)
Date: 2006-03-25
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), clock and watch industry, jewellery and goldsmith's articles, trade-mark law

C 74/16

EN

Official Journal of the European Union

25.3.2006

Judgment of the Court of First Instance of 12 January
2006 — Devinlec v OHIM

Judgment of the Court of First Instance of 25 January
2006 — Le Canne v Commission

(Case T-147/03) (1)

(Case T-276/03) (1)

(Community trade mark — Figurative mark containing the
verbal element ‘quantum’ — Opposition of the proprietor of
the national figurative mark Quantième — Relative ground
of refusal — Likelihood of confusion — Article 8(1)(b),
Article 15(2) and Article 43(3) of Regulation (EC) No
40/94)

(Judgment annulling a Commission decision reducing the
amount of Community financial assistance — Procedures for
compliance — Action for failure to act — No need to adjudi-
cate — Action for compensation)

(2006/C 74/31)

Language of the case: English

(2006/C 74/32)

Language of the case: Italian

Parties:

Applicant: Devinlec Développement
(Toulouse, France) (represented by: J.-P. Simon, lawyer)

Innovation Leclerc SA

Parties

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: J. Novais Gonçalves
and A. Folliard-Monguiral, Agents)

Other party to the proceedings before the Board of Appeal of OHIM,
intervening before the Court of First Instance: T.I.M.E. ART Uluslar-
arasi Saat Ticareti ve diş Ticaret AŞ (Istanbul, Turkey) (repre-
sented by: F. Jacobacci, lawyer)

Applicant: Azienda agricola ‘Le Canne’ (Porto Viro, Italy) (repre-
sented by: F. Mazzonetto and G. Carraro, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: L. Visaggio and C. Cattabriga, Agents, assisted by
A. Dal Ferro, lawyer)

Action

Application for

brought against against the decision of the Third Board of
Appeal of OHIM of 30 January 2003 (Case R 109/2002-3)
relating to opposition proceedings between Devinlec Dévelop-
pement Innovation Leclerc SA and T.I.M.E. Art Uluslararasi
Saat Ticareti ve diş Ticaret AŞ

First, a declaration that the Commission unlawfully failed to
adopt the measures to comply with the judgment of the Court
of First Instance of 5 March 2002 in Case T-241/00 Le Canne v
Commission [2002] ECR II-1251 and, second, compensation for
the loss alleged to have resulted from that failure

Operative part of the judgment

The Court:

1. Annuls the decision of the Third Board of Appeal of the Office for
Harmonisation in the Internal Market (Trade Marks and Designs)
of 30 January 2003 (Case R 109/2002-3).

2. Orders the Office for Harmonisation in the Internal Market
to pay its own costs and those

(Trade Marks and Designs)
incurred by the applicant in the proceedings before the Court.

Operative part of the judgment

The Court:

1. Declares that there is no need to adjudicate on the claim alleging

failure to act;

2. Dismisses the claim for compensation;

3. Orders the intervener to pay its own costs and those incurred by

the applicant in the proceedings before the Board of Appeal.

3. Orders the parties to bear their own costs.

(1) OJ C 171 of 19.7.2003.

(1) OJ C 239 of 4.10.2003.