Case T-441/05: Judgment of the Court of First Instance of 13 June 2007 — IVG Immobilien AG v OHIM (I) (Community trade mark — Figurative signs — Absolute grounds for refusal of registration — Lack of distinctiveness — 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), real estate business, trade-mark law

C 170/24

EN

Official Journal of the European Union

21.7.2007

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders MacLean-Fogg Co. to pay the costs.

(1) OJ C 296, 26.11.2005.

Judgment of the Court of First Instance of 14 June 2007 —
Europig v OHIM (EUROPIG)

(Case T-207/06) (1)

(Community trade mark — Application for Community
word mark EUROPIG — Absolute grounds for refusal —
Descriptive character — Absence of distinctive character —
Article 7(1)(b) and (c) and Article 7(3) of Regulation (EC)
No 40/94)

(2007/C 170/47)

Language of the case: French

Parties

Judgment of the Court of First Instance of 13 June 2007 —
IVG Immobilien AG v OHIM (I)

Applicant: Europig SA (Josselin, France)
Masson, lawyer)

(represented by: D.

(Case T-441/05) (1)

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

(represented by: A.

and Designs)

(Community trade mark — Figurative signs — Absolute
grounds for refusal of registration — Lack of distinctiveness
— Article 7(1)(b) of Regulation (EC) No 40/94)

Re:

(2007/C 170/46)

Language of the case: German

Action brought against the decision of the Fourth Board of
Appeal of the Office for Harmonisation in the Internal Market
of 31 May 2006 (Case R 1425/2005-4) concerning an applica-
tion for registration of the word mark EUROPIG as a Com-
munity trade mark.

Parties

Applicant: IVG Immobilien AG (Bonn, Germany) (represented by:
A. Okonek and U. Karpenstein, lawyers)

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

Re:

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 1 September 2005 (Case R 559/2004-4)
concerning an application for registration of the figurative sign I
as a Community trade mark

Operative part of the judgment

The Court:

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

for Harmonisation in the Internal Market
Designs) (OHIM) of 1 September 2005 (Case R 559/2004-4);

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

by IVG Immobilien AG.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 261, 28.1.2006.

Order of the Court of First Instance of 14 May 2007 —
Gnemmi and Aguiar v Commission

(Case T-97/04) (1)

(Staff cases — Officials — Reports procedure — Career
development review — 2001/2002 Appraisal exercise —
Action manifestly inadmissible and manifestly devoid of any
legal basis)

(2007/C 170/48)

Language of the case: French

(1) OJ C 60, 11.3.2006.

Parties

Applicants: Laura Gnemmi (Hünsdorf, Luxembourg) and Eugénia
Aguiar (Brussels, Belgium) (represented by: initially G. Bounéou
and F. Frabetti, lawyers, and subsequently by F. Frabetti alone)