Case T-233/06: Action brought on 26 August 2006 — Casa Editorial El Tiempo v OHIM –Instituto Nacional de Meteorología (EL TIEMPO)
Date: 2006-10-28
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), advertising, publishing, telecommunications, trade-mark law

28.10.2006

EN

Official Journal of the European Union

C 261/23

In support of its claims the applicant puts forward that, in the
framework of the said tendering procedure, DG TAXUD failed
to respect the procedural requirements set out in the Financial
resulting in
Implementing Rules,
Regulation and its
unequal treatment of tenderers and violation of principles of
transparency
administration. Moreover, DG
TAXUD's decision allegedly contained manifest errors of assess-
ment and according to the applicant, by far exceeded the
discretion that European Institutions dispose of when evalu-
ating tenders.

sound

thus

and

Action brought on 26 August 2006 — Casa Editorial El
Tiempo v OHIM –Instituto Nacional de Meteorología (EL
TIEMPO)

(Case T-233/06)

(2006/C 261/43)

Language in which the application was lodged: Spanish

Class 38 (No 2217494,
and TELETIEMPO INSTITUTO
NACIONAL DE METEOROLOGÍA for services in Classes 35
(No 2217493) and 41 (No 2217492)

Decision of
refusal of the application for a Community trade mark

the Opposition Division: Opposition upheld and

Decision of the Board of Appeal: Rejection of the opposition in
respect of the following services: ‘advertising; business manage-
ment; business administration; office functions’ (Class 35) and
‘entertainment; sporting and cultural activities’ (Class 41)

Pleas in law: Misapplication of Article 8(1)(b) of Regulation (EC)
No 40/94 on the Community trade mark

Action brought on 4 September 2006 — Torresan v
OHIM — Klosterbrauerei Weissenohe (CANNABIS)

(Case T-234/06)

(2006/C 261/44)

Parties

Language in which the application was lodged: Italian

Applicant: Casa Editorial El Tiempo SA (Bogotá, Colombia)
(represented by: A. Fernández Lerroux, 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:
Instituto Nacional de Meteorología

Form of order sought

— annul the decision of the Fourth Board of Appeal of OHIM

of 22 June 2006 in Case R-760/2005-4;

— order the defendant and the other party before the Board of

Appeal to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Casa Editorial El Tiempo
SA

Community trade mark concerned: Word mark EL TIEMPO (appli-
cation No 1685056) for goods and services in Classes 16, 35,
38 and 41

Proprietor of the mark or sign cited in the opposition proceedings:
Instituto Nacional de Meteorología

sign cited in opposition: National word marks EL
Mark or
TIEMPO for publications (unregistered, but well-known), TELE-
TIEMPO for goods in Class 16 (No 1902923) and services in

Parties

Applicant: Giampietro Torresan (Schonenfels, Switzerland)
(represented by: Gianluca Recher, lawyer)

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:
Klosterbrauerei Weissenohe GmbH & Co. KG

Form of order sought

— annul the decision of the Second Board of Appeal of 29
June 2006 in proceedings R 517/2005-2, notified by fax of
5 July 2006, and confirm the registration of the Com-
munity trade mark CANNABIS for Classes 32 and 33;

— in any case, order the costs of all of the proceedings to be
including those of the previous two appeals

reimbursed,
before OHIM.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of
invalidity has been sought: Word mark ‘CANNABIS’ (application
for goods and services in
for registration No 1.073.349),
Classes 32, 33 and 42.

Proprietor of the Community trade mark: The applicant.