Case T-129/04: Judgment of the Court of First Instance of  15 March 2006  — Develey v OHIM (Community trade mark — Three-dimensional mark — Shape of a plastic bottle — Refusal of registration — Absolute ground of refusal — Lack of distinctive character — Earlier national trade mark — Paris Convention — TRIPs Agreement — Article 7(1)(b) of Regulation (EC) No 40/94)
Date: 2006-05-06
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), fruit juice, milk, milk product, trade-mark law, vegetable product

C 108/20

EN

Official Journal of the European Union

6.5.2006

Judgment of the Court of First Instance of 15 March 2006
— Kimman v Commission

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)
(represented by: G. Schneider,
Agent)

(Case T-44/04) (1)

(Officials — Appointment — Revision of the classification
in grade — Article 31(2) of the Staff Regulations)

Action

(2006/C 108/34)

Language of the case: French

for annulment of the decision of the Second Board of Appeal
of OHIM of 20 January 2004 (Case R 367/2003-2) rejecting
the application for registration as a Community trade mark of
a three-dimensional sign in the form of a bottle.

Parties

Operative part of the judgment

Applicant: Eugène Kimman (Overijse, Belgium) (represented by:
N. Lhoëst and E. De Schietere de Lophem, lawyers)

The Court:

1. Dismisses the action.

Defendant: Commission of the European Communities (repre-
sented by: V. Joris and A. Bouquet, acting as Agents)

2. Orders the applicant to pay the costs.

Re:

(1) OJ C 168, 26.6.2004.

Application for annulment of the Commission's decision of 20
December 2002 setting the applicant's final classification at
Grade B5 and, as far as is necessary, annulment of the Commis-
sion's decision of 1 October 2003 rejecting the applicant's
complaint.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders each party to bear its own costs.

(1) OJ C 94, 17.4.2004.

Judgment of the Court of First Instance of 15 March 2006
— Italian Republic v Commission

(Case T-226/04) (1)

(Action for annulment — Regulation (EC) No 316/2004 —
Common organisation of the market in wine — Protection of
traditional terms — Amendment of classification of certain
additional traditional indications — Use in labelling of wine
originating in third countries — Procedural defect — Prin-
ciple of proportionality — TRIPs Agreement)

(2006/C 108/36)

Language of the case: Italian

Judgment of the Court of First Instance of 15 March 2006
— Develey v OHIM

Parties

(Case T-129/04) (1)

(Community trade mark — Three-dimensional mark —
Shape of a plastic bottle — Refusal of registration — Abso-
lute ground of refusal — Lack of distinctive character —
Earlier national trade mark — Paris Convention — TRIPs
Agreement — Article 7(1)(b) of Regulation (EC) No 40/94)

(2006/C 108/35)

Language of the case: German

Parties:

Applicant: Develey Holding GmbH & Co. Beteiligungs KG
(Unterhaching, Gemany) (represented by: R. Kunz-Hallstein and
H. Kunz-Hallstein, lawyers)

Applicant: Italian Republic (represented by: M. Fiorilli, avvocato
dello Stato)

Defendant: Commission of the European Communities (repre-
sented by: N. Nolin and V. Di Bucci, acting as Agents)

Re:

Application for partial annulment of Commission Regulation
(EC) No 316/2004 of 20 February 2004 amending Regulation
(EC) No 753/2002 laying down certain rules for applying
Council Regulation (EC) No 1493/1999 as regards the descrip-
tion, designation, presentation and protection of certain wine
sector products (OJ 2004 L 55, p. 16), in so far as it amends
Articles 24, 36 and 37 of Commission Regulation No
753/2002 (OJ 2002 L 118, p. 1), concerning the protection of
traditional terms