Case T-67/07: Action brought on 2 March 2007 — Ford Motor v OHIM (FUN)
Date: 2007-04-28
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law, vehicle

C 95/52

EN

Official Journal of the European Union

28.4.2007

Action brought on 2 March 2007 — Agencja Wydawnicza
Technopol v OHIM — (‘150’)

Form of order sought

(Case T-66/07)

(2007/C 95/104)

— set aside the decision of the Second Board of Appeal of the
Office for Harmonisation in the Internal Market
(Trade
Marks and Designs) of 20 December 2006 (Case R
1135/2006-2)

Language of the case: Polish

— order the defendant to pay the costs.

Parties

Pleas in law and main arguments

Applicant: Agencja Wydawnicza Technopol, Sp. z o. o. (Często-
chowa, Republic of Poland)
(represented by: D. Rzążewska,
lawyer)

Community trade mark concerned: Word mark ‘FUN’ for goods and
services in Class 12 (Application No 4 509 808).

Decision of the Examiner: Refusal of the application.

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

Decision of
refusal of the application.

the Board of Appeal: Dismissal of the appeal and

Form of order sought

— set

aside

in its

entirety

the decision delivered on
21 December 2006 by the Fourth Board of Appeal of the
Office for Harmonisation in the Internal Market
(Trade
Marks and Designs) in Case No R 1035/2006-4;

— order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

Community trade mark concerned: word mark ‘150’ for goods in
Class 16

Decision of the Examiner: registration refused

Decision of the Board of Appeal: appeal dismissed

Pleas in law: incorrect application of the provisions of Article 7
(1)(b) and (c) of Regulation No 40/94 on the Community trade
mark (1), inasmuch as, according to the applicant, the designa-
tion ‘150’, in relation to the goods indicated, is neither descrip-
tive nor devoid of distinctive character.

Pleas in law:

— infringement of Article 7(1)(c) of Regulation (EC) No 40/
94 (1) by reason of the incorrect application of the absolute
ground for refusal regarding the indication of the character-
istics of the goods to words forming part of the general
vocabulary which are not directly descriptive,

— infringement of Article 7(1)(b) of Regulation No 40/94 by
accepting that the mark was devoid of any descriptive char-
acter by reason only of
the improper application of
Article 7(1)(c) of Regulation No 40/94, and

— infringement of Article 7(1)(b) of Regulation No 40/94 on
the ground that the mark applied for was sufficiently distinc-
tive.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

(1) Council Regulation (EC) No 40/94 of 20 December 1993 (OJ 1994

L 11, p. 1).

Action brought on 26 February 2007 — Cantieri Navali
Termoli v Commission

(Case T-70/07)

(2007/C 95/106)

Language of the case: Italian

Action brought on 2 March 2007 — Ford Motor v OHIM
(FUN)

Parties

(Case T-67/07)

(2007/C 95/105)

Applicant: Cantieri Navali Termoli SpA (Termoli, Italy) (repre-
sented by: B. Daniela Mammarella, lawyer)

Language of the case: German

Defendant: Commission of the European Communities

Parties

Form of order sought

Applicant(s): Ford Motor Company (Dearborn, Michigan, USA)
(represented by R. Ingerl, lawyer)

The applicant claims that the Court should:

— annul the decision;

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

— order the defendant to pay all costs and fees incurred in the

proceedings.