Case T-388/06: Action brought on 20 December 2006 — Inter-IKEA v OHIM (representation of a pallet)
Date: 2007-01-27
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), furniture industry, trade-mark law

27.1.2007

EN

Official Journal of the European Union

C 20/35

Alternatively, the applicant submits that the Commission failed
to comply with the fining guidelines, its own consistent practice
and the principles of non-discrimination and equality of treat-
ment in calculating the fine for which the applicant is held
liable by reference to the individual circumstances of a different
undertaking, Tomkins. The applicant further alleges that the
Commission committed an error in calculating the fine.

(1) Council Regulation (EC) No 1/2003 of 16 December 2002 on the
implementation of the rules on competition laid down in Articles 81
and 82 of the Treaty (OJ 2003 L 1, p. 1).

(2) Commission Notice of 14 January 1998 entitled ‘Guidelines on the
method of setting fines imposed pursuant to Article 15(2) of Regu-
lation No 17 and Article 65(5) of the ECSC Treaty’ (OJ 1998 C 9,
p. 3).

Action brought on 20 December 2006 — Inter-
IKEA v OHIM (representation of a pallet)

(Case T-388/06)

(2007/C 20/53)

Language of the case: English

Parties

Applicant:
sented by: J. Gulliksson, lawyer)

Inter-IKEA Systems BV (Delft, Netherlands)

(repre-

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

Form of order sought

Action brought on 20 December 2006 — Inter-
IKEA v OHIM (representation of a pallet)

— Annul the decision of

the First Board of Appeal of 26

September 2006 in Case R 354/2006-1;

(Case T-387/06)

(2007/C 20/52)

Language of the case: English

Parties

Applicant:
sented by: J. Gulliksson, lawyer)

Inter-IKEA Systems BV (Delft, Netherlands)

(repre-

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

Form of order sought

— Annul the decision of

the First Board of Appeal of 26

September 2006 in Case R 353/2006-1;

— order OHIM to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: Figurative mark representing a
pallet consisting of an elongated rectangular platform or base
and an equally elongated flange, ornamented with square holes,
which are both at a 90 degree angle to each other, for goods
and services in classes 6, 7, 16, 20, 35, 39 et 42 — application
No 4 073 763

Decision of the examiner: Refusal of the application

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Violation of Article 7(1)(b) of Council Regulation
No 40/94 as the trade mark is sufficiently distinctive to be regis-
tered.

— order OHIM to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: Figurative mark representing a
pallet consisting of an elongated rectangular platform or base
and an equally elongated flange, ornamented with round holes,
which are both at a 90 degree angle to each other, for goods
and services in classes 6, 7, 16, 20, 35, 39 et 42 — application
No 4 073 731

Decision of the examiner: Refusal of the application

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Violation of Article 7(1)(b) of Council Regulation
No 40/94 as the trade mark is sufficiently distinctive to be regis-
tered.

Action brought on 20 December 2006 — Inter-
IKEA v OHIM (representation of a pallet)

(Case T-389/06)

(2007/C 20/54)

Language of the case: English

Parties

Applicant:
sented by: J. Gulliksson, lawyer)

Inter-IKEA Systems BV (Delft, Netherlands)

(repre-

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