Case T-88/05: Judgment of the Court of First Instance of 8 February 2007 — Quelle v OHIM — Nars Cosmetics (NARS) (Community trade mark — Opposition proceedings — Application for the figurative Community trade mark NARS — Earlier figurative national marks including the word element MARS — Relative ground for refusal — Likelihood of confusion — Absence of similarity between the signs — Article 8(1)(b) of Regulation (EC) No 40/94)
Date: 2007-04-14
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), clothing industry, footwear industry, sport, trade-mark law

C 82/36

EN

Official Journal of the European Union

14.4.2007

Re:

Operative part of the judgment

Action brought against the decision of the First Board of Appeal
of OHIM of 25 October 2004 (Case R 513/2002-1), relating to
opposition proceedings between Companhia Geral da Agricul-
tura das Vinhas do Alto Douro, SA (Real Companhia Velha) and
Bodegas Franco-Españolas, SA.

The Court:

1. Dismisses the action;

2. Orders the parties to bear their own costs.

(1) OJ C 106, 30.4.2005.

Operative part of the judgment

The Court:

1. Annuls the decision of the First Board of Appeal of the Office for
Harmonisation in the Internal Market (Trade Marks and Designs)
(OHIM) of 25 October 2004 (Case R 513/2002-1);

2. Orders OHIM to pay the costs.

Judgment of the Court of First Instance of 8 February 2007
— Quelle v OHIM — Nars Cosmetics (NARS)

(1) OJ C 45, 19.2.2005.

(Case T-88/05) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for the figurative Community trade mark NARS —
Earlier figurative national marks including the word element
MARS — Relative ground for refusal — Likelihood of confu-
signs —
sion — Absence of

similarity between the

Article 8(1)(b) of Regulation (EC) No 40/94)

(2007/C 82/80)

Language of the case: English

Judgment of the Court of First Instance of 14 February
2007 — Seldis v Commission

(Case T-65/05) (1)

(Officials — Probationary officials — Scientific or technical
service — Appointment of a temporary agent following a
competition — Classification in grade and step)

(2007/C 82/79)

Parties

Language of the case: French

Applicant: Quelle AG (Fürth, Germany)
H. Lindner, lawyer)

(represented by:

Parties

Applicant: Thomas Seldis (Amsterdam, Netherlands) (represented
by: S. Orlandi, X. Martin, A. Coolen, J.-N. Louis and É. Marchal,
lawyers)

Defendant: Commission of the European Communities (repre-
sented by: V. Joris and K. Herrmann, Agents)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)
(represented by: S. Laitinen and
A. Folliard Monguiral, Agents)

Other party to the proceedings before the Board of Appeal of OHIM,
intervener before the Court of First Instance: Nars Cosmetics, Inc.
(New York, United States) (represented by: M. de Justo Bailey,
lawyer)

Re:

Re:

Action for annulment the Commission's decision of 5 April
2004 to appoint the applicant a probationary official in so far
as it classifies him in grade A7, step 5.

Action for annulment of the decision of the Second Board of
Appeal of OHIM of 17 December 2004 (Case R 379/2004-2)
relating to opposition proceedings between Quelle AG and Nars
Cosmetics, Inc.

14.4.2007

EN

Official Journal of the European Union

C 82/37

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 155, 25.6.2005.

Judgment of the Court of First Instance of 7 February 2007
— Kustom Musical Amplification v OHIM (Shape of a
guitar)

(Case T-317/05) (1)

(Community trade mark — Three-dimensional mark — Shape
of a guitar — Absolute ground for refusal — Infringement of
reasons —
the rights of

the defence — Statement of

Article 73 of Regulation (EC) No 40/94)

(2007/C 82/81)

Language of the case: English

Parties

Applicant: Kustom Musical Amplification Inc., (Cincinnati, Ohio,
United States) (represented by: M. Edenborough, Barrister, and
T. Bamford, Solicitor)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks
Folliard-
Monguiral, Agent)

(represented by: A.

and Designs)

Re:

Action brought against the decision of the Second Board of
Appeal of OHIM of 7 June 2005 (Case R 1035/2004-2)
concerning an application for registration of a three-dimensional
mark in the shape of a guitar as a Community trade mark.

Operative part of the judgment

The Court:

Order of the Court of First Instance of 25 January 2007 —
Rijn Schelde Mondia France v Commission

(Case T-55/05) (1)

(Action for annulment — Common Customs Tariff — Appli-
cation for remission of import duties — Measure adversely
affecting a person — Inadmissibility)

(2007/C 82/82)

Language of the case: French

Parties

Applicant: Rijn Schelde Mondia France SA (Rouen, France)
(represented by: F. Citron, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: X. Lewis and J. Hottiaux, acting as Agents)

Re:

Action for annulment of
the Commission decision allegedly
contained in the letter of 7 October 2004 concerning the appli-
cation for remission of import duties (File REM 22/01).

Operative part of the order

1. The action is dismissed as inadmissible.

2. The applicant shall bear its own costs and pay those incurred by

the Commission.

(1) OJ C 93 of 16.4.2005.

Order of the President of the Court of First Instance of
29 January 2007 — Olimpiaki Aeroporia Ipiresies v
Commission

(Case T-423/05 R)

(Interim measures — Suspension of operation — State aid —
Urgency)

(2007/C 82/83)

Language of the case: Greek

1. Annuls the decision of the Second Board of Appeal of the Office
(Trade Marks and

for Harmonisation in the Internal Market
Designs) (OHIM) of 7 June 2005 (Case R 1035/2004-2);

2. Orders OHIM to bear its own costs and to pay those incurred by

the applicant.

Parties

(1) OJ C 271, 29.10.2005.

Applicant: Olimpiaki Aeroporia Ipiresies AE (Athens, Greece)
(represented by
Jordan,
D. Geradin, lawyers, and T. Soames, Solicitor)

S. Mavroghenis,

P. Anestis,

S.

Defendant: Commission of the European Communities (repre-
sented by D. Triantafyllou and T. Scharf, acting as Agents)