Case T-317/05: Judgment of the Court of First Instance of 7 February 2007 — Kustom Musical Amplification v OHIM (Shape of a guitar) (Community trade mark — Three-dimensional mark — Shape of a guitar — Absolute ground for refusal — Infringement of the rights of the defence — Statement of reasons — Article 73 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), musical instrument, trade-mark law

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)