Case T-230/06: Action brought on 29 August 2006 — REWE-Zentral v OHIM (Port Louis)
Date: 2006-10-28
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), textile industry, trade-mark law

28.10.2006

EN

Official Journal of the European Union

C 261/21

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

Action brought on 29 August 2006 — REWE-Zentral v
OHIM (Port Louis)

Other party to the proceedings before the Board of Appeal of OHIM:
Anheuser-Busch Incorporated

(Case T-230/06)

(2006/C 261/40)

Language of the case: German

Form of order sought

Parties

— annul

the contested decision of 14 June 2006 of

the

Second Board of Appeal of OHIM;

Applicant: REWE-Zentral AG (Cologne, Germany) (represented
by M. Kinkeldey and A. Lehmann, lawyers)

— reject the application for registration of the word mark
‘BUD’ No 1 603 539 to designate goods in Classes 32 and
33;

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

— send the decision of the Court of First Instance to OHIM;

Form of order sought

— order Anheuser-Busch to pay all the costs and expenses.

Pleas in law and main arguments

— annulment of the decision of the First Board of Appeal of
the Office for Harmonisation in the Internal Market (Trade
Marks and Designs) of 21 June 2006 — Case R 25/2006-1
— with regard to Community trade mark application no.
003 664 133 PORT LOUIS;

— order the defendant to pay the costs.

Applicant for a Community trade mark: Anheuser-Busch Incorpo-
rated

Pleas in law and main arguments

Community trade mark concerned: Word mark ‘BUD’ for goods in
Classes 32 and 33 — Application No 1 603 539

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

Mark or sign cited in opposition: Protected designation of origin
‘BUD’ to designate beer

Decision of the Opposition Division: Rejection of the opposition

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 62(1) of Regulation No
40/94 (1) and Article 20 of
implementing Regulation No
2868/95 (2) in that the Board of Appeal is not competent to
rule on the validity of the designation of origin invoked by the
applicant in the context of its opposition. It also submits that
the sign ‘BUD’ constitutes a designation of origin, protected in
both France and Austria. The applicant moreover invokes
misapplication of Article 8(4) of Regulation No 40/94 in that,
in its view, the designation of origin ‘BUD’ is indeed a sign
used in the course of trade.

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

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

(2) Commission Regulation (EC) No 2868/95 of 13 December 1995
implementing Council Regulation (EC) No 40/94 on the Com-
munity trade mark (OJ 1995 L 303, p. 1)

Community trade mark concerned: The word mark ‘Port Louis’ for
goods in Classes 18, 24 and 25 (application no. 366 4133).

Decision of the Examiner: Rejection of the application.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regu-
lation (EC) No 40/94 (1) as the mark for which registration is
sought is capable of registration. Furthermore, the applicant
submits that the right to a fair hearing has been infringed.

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

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

Action brought on 30 August 2006 — Kingdom of the
Netherlands v Commission

(Case T-231/06)

(2006/C 261/41)

Language of the case: Dutch

Parties

Applicant: Kingdom of the Netherlands (represented by: H.G.
Sevenster and D.J.M. de Grave, Agents)

Defendant: Commission of the European Communities