Case T-15/05: Judgement of the Court of First Instance of  31 May 2006  — De Waele v OHIM (Shape of sausage) (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)
Date: 2006-07-29
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), packaging product, 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: