Case T-190/05: Judgment of the Court of First Instance (Fifth Chamber) of 12 June 2007 — The Sherwin-Williams Company v OHIM (TWIST & POUR) (Community trade mark — Application for Community word mark TWIST & POUR — Absolute ground for refusal of registration — Mark devoid of distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94)
Date: 2007-07-21
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), packaging product, paints and varnishes, plastics, trade-mark law

21.7.2007

EN

Official Journal of the European Union

C 170/23

Judgment of the Court of First Instance (Fifth Chamber) of
12 June 2007 — The Sherwin-Williams Company v OHIM
(TWIST & POUR)

Defendant: Commission of the European Communities (repre-
sented by P. Andrade and A. Weimar, acting as Agents)

(Case T-190/05) (1)

Re:

(Community trade mark — Application for Community
word mark TWIST & POUR — Absolute ground for refusal
of registration — Mark devoid of distinctive character —
Article 7(1)(b) of Regulation (EC) No 40/94)

(2007/C 170/43)

Language of the case: Spanish

Parties

Applicant: The Sherwin-Williams Company (Cleveland, Ohio,
United States) (represented by: E. Armijo Chávarri and A. Castán
Pérez-Gómez, lawyers)

the annulment of,

Action for
first, Commission Decision
C(2005) 1236 of 14 April 2005 reducing the assistance granted
by Decision C(89) 0570 of 22 March 1989 and, secondly,
Commission Decision C(2005) 3557 of 13 September 2005
reducing the assistance granted by Decision C(89) 0570 of
22 March 1989.

Operative part of the judgment

The Court:

1. Joins Cases T-251/05 and T-425/05 for the purposes of the judg-

ment;

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: Ó. Mondéjar, Agent)

2. Dismisses the actions;

Re:

3. Orders the applicant to pay the costs.

Action brought against the decision of the Second Board of
Appeal of OHIM of 22 February 2005 (Case R 755/2004-2),
relating to registration of
the sign TWIST & POUR as a
Community trade mark.

(1) OJ C 217, 3.9.2005.

Operative part of the judgment

The Court:

1. Dismisses the action

2. Orders the Sherwin-Williams Company to pay the costs.

(1) OJ C 171, 9.7.2005.

Judgment of the Court of First Instance of 12 June 2007 —
MacLean-Fogg v OHIM (LOKTHREAD)

(Case T-339/05) (1)

(Community trade mark — Application for the Community
word mark LOKTHREAD — Absolute grounds for refusal of
registration — Descriptive character — Article 7(1)(c) of
Regulation (EC) No 40/94)

Judgment of the Court of First Instance of 6 June 2007 —
Mediocurso v Commission

(Joined Cases T-251/05 and T-425/05) (1)

Parties

(2007/C 170/45)

Language of the case: English

(ESF — training programmes — Reduction in the assistance
originally granted — Statement of reasons — Principles of
legal certainty and the protection of legitimate expectations —
Absence of a manifest error of assessment)

(2007/C 170/44)

Language of the case: Portuguese

Applicant: MacLean-Fogg Co. (Mundelein, Illinois, United States)
(represented by: S. Prückner and A. Franke, lawyers)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: Ó. Mondéjar, Agent)

Parties

Applicant: Mediocurso — Estabelecimento di Ensino Particular,
SA (Lisbon, Portugal) (represented by C. Botelho Moniz and E.
Maia Cadete, lawyers)

Action brought against the decision of the First Board of Appeal
of OHIM of 20 June 2005 (Case R 1122/2004-1), concerning
the registration of the word mark LOKTHREAD as a Com-
munity trade mark

Re: