Case T-133/06: Action brought on  12 May 2006  — International Music and TTV 2000 v OHIM — Past Perfect (PAST PERFECT)
Date: 2006-07-01
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), audiovisual equipment, trade-mark law

1.7.2006

EN

Official Journal of the European Union

C 154/21

Action brought on 28 April 2006 — Japan Tobacco v
OHIM — Torrefacção Camelo (figurative mark CAMELO)

Action brought on 12 May 2006 — International Music
and TTV 2000 v OHIM — Past Perfect (PAST PERFECT)

(Case T-128/06)

(2006/C 154/51)

Language in which the application was lodged: French

(Case T-133/06)

(2006/C 154/52)

Language in which the application was lodged: German

Parties

Applicant: Japan Tobacco Inc. (Tokyo, Japan) (represented by:
A. Ortiz López, S. Ferrandis González and E. Ochoa Santa-
maría, lawyers)

Parties

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

Other party to the proceedings before the Board of Appeal of OHIM:
Torrefacção Camelo L da

Form of order sought

— annul the decision of the Second Board of Appeal of 22
February 2006 in Case R 669/2003-2 and give a judgment
in which, varying that decision,
[the Court of First
Instance] declares that it is necessary to apply the prohibi-
tion in Article 8(5) of the Community Trade Mark Regu-
lation in this case and consequently, recognising the merits
of the arguments presented by Japan Tobacco, decide to
refuse registration of Community trade mark no. 1469121;

it

— order OHIM to pay the costs of these proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: Torrefacção Camelo L da

Community trade mark concerned: Mark containing figurative
elements (camel, pyramids, palm trees) and the name CAFÉ
TORREFACTO CAMPO MAIOR CAMELO CAFÉ ESPECIAL
PURO Torrefacção Camelo L da CAMPO MAIOR-PORTUGAL,
for goods in Class 30 (application no. 1469121)

Proprietor of the mark or sign cited in the opposition proceedings:
The applicant

Applicants: The International Music Company AG (Hamburg,
Germany) and TTV 2000 GmbH Tonträger Vertrieb (Hamburg,
Germany) (represented by: G. Kukuk, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM:
Past Perfect Limited

Forms of order sought

The applicant claims that the Court should:

— annul the decision of the First Board of Appeal of OHIM of
3 February 2006, Reference No R 150/2005-1, and remove
the registered Community trade mark ‘Past Perfect’, Mark
No 1 984 269, from the register;

— order OHIM to pay the costs.

Pleas in law and main arguments

Registered Community trade mark the annulment of which has been
sought: The word mark ‘PAST PERFECT’ for goods in Class 9
(Community trade mark No 1 984 269).

Proprietor of the Community trade mark: Past Perfect Limited

Mark or sign cited in opposition: National word and figurative
marks ‘CAMEL’ for goods in Classes 22 and 34

Applicants for the declaration of annulment: The applicants

Decision of the Opposition Division: Opposition upheld

Decision of the Cancellation Division: Rejection of the application

Decision of the Board of Appeal: Dismissal of the appeal

Decision of the Board of Appeal: Annulment of the decision of
the Opposition Division

Pleas in law:

Pleas in law: Incorrect application of Article 8(5) of Council
Regulation No 40/94 and also errors in the conduct of the
proceedings and infringement of Articles 74 and 79 of that
regulation.

— The registered trade mark is devoid of any actual distinctive
character within the meaning of Article 7(1)(b) of Regu-
lation (EC) No 40/94, (1)

— the contested decision infringes Article 7(2) of Regulation
(EC) No 40/94 since it is sufficient when the ground for
refusal obtains in part of the Community,

C 154/22

EN

Official Journal of the European Union

1.7.2006

— in addition, the contested decision infringes Article 7(1)(c)
of Regulation (EC) No 40/94 since the registered trade
mark is not identifiable as a mark and is understood, in
trade, as a product description,

Order of the Court of First Instance of 27 April 2006 —
ATI Technologies v Office for Harmonisation in the
Internal Market (Trade Marks and Designs) — Asociación
de Técnicos de Informatica (ATI)

— finally, Article 7(1)(d) of Regulation (EC) No 40/94 has
been infringed since the registered trade mark consists of
indications which have become customary in the current
language or in the bona fide and established practices of
the trade.

(Case T -377/03) (1)

(2006/C 154/53)

Language of the case: French

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

The President of the First Chamber has ordered that the case be
removed from the register.

(1) OJ C 21, 24.1.2004.