Case T-388/04: Judgment of the Court of First Instance of  5 April 2006  — Kachakil Amar v OHIM (Community trade mark — Figurative mark in the form of a longitudinal line ending with a triangle — Refusal to register — Lack of distinctive character — Acquisition of a distinctive character through use)
Date: 2006-06-03
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), clothing, trade-mark law

C 131/40

EN

Official Journal of the European Union

3.6.2006

Judgment of the Court of First Instance of 5 April 2006 —
Kachakil Amar v OHIM

(Case T-388/04) (1)

(Community trade mark — Figurative mark in the form of a
longitudinal line ending with a triangle — Refusal to register
— Lack of distinctive character — Acquisition of a distinc-
tive character through use)

(2006/C 131/74)

Language of the case: Spanish

Parties

Applicant: Habib Kachakil Amar (Valencia, Spain) (represented
by: J. C. Heder, lawyer)

The Kurdish Human Rights Project (London, United Kingdom)
(represented initially by P. Moser, barrister, and A. Stock,
lawyer, then by Mr Moser and H. Miller, solicitor)

Defendant: Commission of the European Communities (repre-
sented by: G. Boudot and M. Wilderspin, agents)

Re:

Application for the annulment of the Commission's Regular
Report of 5 November 2003 concerning Turkey's progress
towards accession, in so far as it contains a Commission deci-
sion refusing to make a recommendation to the Council
concerning pre-accession aid granted to Turkey and,
in the
alternative, for a finding of failure to act in that connection
and, in any event, for an injunction in that regard

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: O. Mondéjar, agent)

Operative part of the order

Re:

Action brought against
the First Board of
Appeal of OHIM of 20 July 2004 (R 175/2004-1) which
refused to register the figurative mark ‘Longitudinal line ending
with a triangle’ as a Community trade mark

the decision of

1. The action is dismissed as inadmissible;

2. Cemender Korkmaz, Corner House Research and the Kurdish

Human Rights Project are ordered to pay the costs.

(1) OJ C 71, 20.3.2004

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

Order of the President of the Court of First Instance of 4
April 2006 — Tesoka v EUROFOUND

(1) OJ C 284 of 20.11.2004.

(Case T-398/05 R)

(Proceedings for interim relief — No need to adjudicate)

(2006/C 131/76)

Language of the case: French

Order of the Court of First Instance of 30 March 2006 —
Korkmas and others v Commission

(Case T-2/04) (1)

Parties

(Admissibility — Application for annulment — Act against
which proceedings can be brought — Implied Commission
decision refusing to make a proposal to the Council —
Action for failure to act — Omission against which proceed-
ings can be brought — Failure to address a proposal to the
Council — Discretion — Injunction)

Applicant: Sabrina Tesoka (Overijse, Belgium) (represented by:
J.-L. Fagnart, lawyer)

Defendant: European Foundation for the Improvement of Living
and Working Conditions (EUROFOUND)
(represented by: C.
Callanan, lawyer)

(2006/C 131/75)

Language of the case: English

Re:

Parties

Applicants: Cemender Korkmas (Flers, France), Corner House
Research (Sturminster Newton, Dorset, United Kingdom) and

Application for
interim measures, essentially seeking that
EUROFOUND be ordered, first, to make an interim payment to
the applicant and, second, to return to the applicant the docu-
ments necessary to enable her to obtain unemployment bene-
fits in her country of residence.