Case T-194/05: Order of the Court of First Instance of  11 May 2006  — TeleTech Holdings v OHIM — Teletech International (TELETECH INTERNATIONAL) (Community trade mark — Opposition proceedings — Extent of the examination required — Conversion of a Community trade mark application to a national trade mark application — Article 58 of Regulation (EC) No 40/94)
Date: 2006-07-29
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), information technology, management, provision of services, trade-mark law

C 178/32

EN

Official Journal of the European Union

29.7.2006

Judgement of the Court of First Instance of 31 May 2006
— De Waele v OHIM (Shape of sausage)

Defendant: Commission of the European Communities (repre-
sented by: E. de March and C. Berardis-Kayser, acting as
Agents, assisted by A. Dal Ferro, lawyer)

(Case T-15/05) (1)

(Community trade mark — Three-dimensional mark —
Shape of a sausage — Absolute grounds for refusal —
Distinctive character — Article 7(1)(b) of Regulation (EC)
No 40/94)

(2006/C 178/58)

Language of the case: Dutch

Parties

Applicant: Wim De Waele (Bruges, Belgium) (represented by: P.
Maeyaert, S. Granata and R. Vermeire, lawyers)

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

Re:

First, an application for annulment of the note of 15 October
2002 concerning the removal of the applicant's personal effects
from his former accommodation provided by his employer in
Angola and, second, an application for damages for the harm
allegedly caused the applicant by the contents of that note

Operative part of the order

1. The action is dismissed as inadmissible;

2. The applicant is to bear his own costs and pay those of the

Commission.

Re:

the First Board of
Action brought against
Appeal of OHIM of 16 November 2004 (Case R 820/2004-1)
concerning registration of a three-dimensional mark in the
shape of a sausage as a Community trade mark.

the decision of

(1) OJ C 200, 23.8.2003.

Operative part of the judgement

The Court:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 57, 5.3.2005.

Order of the Court of First Instance of 17 May 2006 —
Marcuccio v Commission

(Case T-241/03) (1)

(Officials — Reassignment — Accommodation provided by
employer — Decision to remove the applicant's personal
effects — Action for annulment — Action for damages —
Act adversely affecting an official — Inadmissibility)

(2006/C 178/59)

Language of the case: Italian

Parties

Applicant: Luigi Marcuccio (Tricase, Italy) (represented by: L.
Garofalo, lawyer)

Order of the Court of First Instance of 11 May 2006 —
TeleTech Holdings v OHIM — Teletech International
(TELETECH INTERNATIONAL)

(Case T-194/05) (1)

(Community trade mark — Opposition proceedings — Extent
of the examination required — Conversion of a Community
trade mark application to a national trade mark application
— Article 58 of Regulation (EC) No 40/94)

(2006/C 178/60)

Language of the case: English

Parties

Applicant: TeleTech Holdings, Inc. (Denver, Colorado, United
States) (represented by: A. Gould and M. Blair, Solicitors)

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

The other party to the proceedings before the Board of Appeal of
OHIM, intervening before the Court of First Instance: Teletech Inter-
national SA (Paris, France)
J.-F. Adelle and
F. Zimeray, lawyers)

(represented by:

29.7.2006

EN

Official Journal of the European Union

C 178/33

Re:

the First Board of
Action brought against
Appeal of OHIM of 3 March 2005 (R 497/2004-1), relating to
opposition proceedings between TeleTech Holdings, Inc. and
Teletech International SA

the decision of

Operative part of the order

1. The action is dismissed.

2. The applicant is ordered to pay the costs, with the exception of

those incurred by the intervener.

3. The intervener shall bear its own costs.

(1) OJ C 171, 9.7.2005.

Action brought on 18 May 2006 — Glaverbel v OHIM
(design applied to the surface of goods)

(Case T-141/06)

(2006/C 178/61)

Language of the case: English

distinctiveness in accordance with Article 7(3) CTMR, and
that the Community trade mark application 003183068
has acquired distinctiveness in accordance with Article 7(3)
CTMR;

— remit Community trade mark application 003183068 to
the Office for Harmonisation in the Internal Market (Trade
Marks and Designs) for acceptance and publication;

— order the Office to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: The figurative mark consisting
of a design applied to the surface of goods for goods in classes
19 and 21 (unworked or semi-worked glass, patterned glass,
glass
application
3 183 068)

trade mark

(Community

sheets,

etc.)

Decision of the examiner: Refusal of the Community trade mark
application for all the goods

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: The applicant contests the decision of the Board of
Appeal only in relation to certain goods in class 21. The appli-
cant invokes in that respect a violation of Article 7(3) of Regu-
lation No 40/94.

Action brought on 12 May 2006 — ECZG v Commission

Parties

Applicant: Glaverbel SA (Brussels, Belgium) (represented by: S.
Möbus, T. Koerl, lawyers)

(Case T-142/06)

(2006/C 178/62)

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

Language of the case: English

Form of order sought

Parties

— Annul the decision of the Fourth Board of Appeal of the
Office for Harmonisation in the Internal Market
(Trade
Marks and Designs) of 1 March 2006 (Case R 0986/2004-
4) in so far as the decision applies to the contested goods;
and

Applicant: Elektrociepłownia Zielona Góra S.A. (Zielona Góra,
Poland) (represented by: M. Powell, Solicitor, C. Arhold and K.
Struckmann, lawyers)

— hold that, in respect of the contested goods, the evidence of
to demonstrate acquired
sufficient

use submitted was

Defendant: European Commission of the European Commu-
nities