Case T-204/04: Judgment of the Court of First Instance of 15 February 2007 — Indorata-Serviços e Gestão v OHIM (HAIRTRANSFER) ( Community trade mark — Application for Community trade mark HAIRTRANSFER — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) 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), cosmetics industry, service, toiletries, trade-mark law

C 82/32

EN

Official Journal of the European Union

14.4.2007

Operative part of the judgment

The Court:

1. Annuls the decision of 9 April 2003 drawing up the definitive
version of the applicant's career development report in respect of the
period from 1 July 2001 to 31 December 2002;

2. Orders the Commission to pay the costs.

Judgment of the Court of First Instance of 15 February
2007 — Indorata-Serviços e Gestão v OHIM (HAIR-
TRANSFER)

(Case T-204/04) (1)

(‘Community trade mark — Application for Community trade
mark HAIRTRANSFER — Absolute grounds for refusal —
Descriptive character — Article 7(1)(c) of Regulation (EC)
No 40/94’)

(1) OJ C 190, 24.7.2004.

(2007/C 82/70)

Language of the Case: German

Judgment of the Court of First Instance of 7 February 2007
— Gordon v Commission

(Case T-175/04) (1)

(Officials — Action for annulment — Career development
report — Total and permanent invalidity — No longer any
legal interest in bringing proceedings — No need to adjudicate
— Actions for damages — Inadmissibility)

(2007/C 82/69)

Language of the case: English

Parties

Applicant: Donal Gordon (Brussels, Belgium)
(represented by:
initially M. Byrne, solicitor, and subsequently J. Sambon and P.-
P. Van Gehuchten and P. Reyniers, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: J. Currall and H. Krämer, Agents)

Re:

Action, first, for annulment of the decision of 11 December
2003 rejecting the complaint concerning the decision of
28 April 2003 confirming the applicant's career development
report for the period from 1 July 2001 to 31 December 2002,
and, secondly, for compensation for the damage suffered by the
applicant.

Operative part of the judgment

The Court:

Parties

Applicant:
(represented by T. Wallentin, lawyer)

Indorata-Serviços e Gestão, Lda (Funchal, Portugal)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)
(represented by J. Weberndörfer,
agent)

Subject-matter

Appeal against the decision of the Second Board of Appeal of
the OHIM of 1 April 2004 (Case R 435/2003-2) concerning an
application for registration of the word mark HAIRTRANSFER
as a Community trade mark.

Operative part

1) The appeal is dismissed.

2) Indorata-Serviços e Gestão, Lda is ordered to pay the costs.

(1) JO C 217 du 28.8.2004.

Judgment of the Court of First Instance of 6 February 2007
— Wunenberger v Commission

(Joined Cases T-246/04 and T-71/05) (1)

(Officials — Staff Reports — Reporting exercises 1997/1999
and 1999/2001 — Career development report — 2001/2002
appraisal procedure — Action for annulment — Admissibility
— Action for damages — Rights of the defence)

1. Declares that there is no longer any need to rule on the application

for annulment;

2. Dismisses the action for damages as inadmissible;

3. Orders the parties to bear their own costs.

Parties

(2007/C 82/71)

Language of the case: French

(1) OJ C 179, 10.7.2004.

Applicant:
by: É. Boigelot, lawyer)

Jacques Wunenberger (Zagreb, Croatia)

(represented

Defendant: Commission of the European Communities (repre-
sented by: G. Berscheid, H. Krämer and C. Berardis-Kayser,
Agents)