Case T-212/07: Action brought on 15 June 2007 — Harman International Industries v OHIM — Becker (Barbara Becker)
Date: 2007-08-04
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), satellite navigation, software, trade-mark law

C 183/40

EN

Official Journal of the European Union

4.8.2007

Form of order sought

— the lifting of procurement procedure: fast track restricted
tender No 2007/S 13-014125 published in the OJ S 13 on
19 January 2007 relating to information and analysis on
quality of work and employments, industrial relations and
restructuring covering the European level of the European
Foundation for the Improvement of Living and Working
Conditions

Pleas in law and main arguments

The applicant claims that the method of execution of the above
mentioned procurement procedure was not conducted fairly by
the defendant.

The applicant submits, first, that the grounds for rejecting its
bid are not sufficiently motivated. In particular, the extracts of
the evaluation sheet which have been forwarded to the applicant
to explain adequately why the contract was
allegedly fail
awarded to another tenderer.

the applicant

Secondly,
the defendant's
letter dated 15 May 2007 contains formal defects since the
annex B to the evaluation report was allegedly not signed by
persons entrusted with the tenders' assessment.

further submits that

Action brought on 15 June 2007 — Harman International
Industries v OHIM — Becker (Barbara Becker)

(Case T-212/07)

(2007/C 183/76)

Language in which the application was lodged: English

Parties

Industries,
Applicant: Harman International
USA) (represented by: M. Vanhegan, Barrister)

Inc.

(Northridge,

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

Other party to the proceedings before the Board of Appeal: Barbara
Becker (Miami, USA)

— an order

that

the Community trade mark application

No 2 939 072 be refused in its entirety;

— an order that the defendant pays the applicant its costs
incurred before the Board of Appeal and the Court of First
Instance.

Pleas in law and main arguments

Applicant for the Community trade mark: Barbara Becker

Community trade mark concerned: The Community work mark
‘Barbara Becker’
in Class 9 — application
No 2 939 072

goods

for

Proprietor of the mark or sign cited in the opposition proceedings:
Harman International Industries, Inc

Mark or sign cited: The Community word marks ‘BECKER’ and
‘BECKER ONLINE PRO’ for goods in Class 9

Decision of the Opposition Division: Upheld the opposition in its
entirety

Decision of the Board of Appeal: Upheld the appeal and rejected
the opposition

Pleas in law: Infringement of Articles 8(1)(b) and 8(5) of Council
Regulation 40/94 (‘CTMR’).

The applicant claims that the Board erred in its application of
Article 8(1)(b) CTMR in finding that there was no conceptual
similarity between the applicant's mark ‘BECKER’ and the sign
applied for by ‘Barbara Becker’, and hence no likelihood of
confusion. Furthermore, the applicant submits that the Board
erred in law in its application of Article 8(5) CTMR in finding
that there was no link between the sign applied for by ‘Barbara
Becker’ and the Community trade mark of its own.

Action brought on 22 June 2007 — Donnici v Parliament

(Case T-215/07)

(2007/C 183/77)

Language of the case: Italian

Form of order sought

Parties

— Annulment of paragraph 1 of the First Board of Appeal's
decision of 7 March 2007 (Case R 502/2006-1), by which
the decision of
the Opposition Division of 15 February
2005 was annulled;

Applicant: Beniamino Donnici
Roberti, I. Perego and P. Salvatore, lawyers)

(represented by: M. Sanino, G.

Defendant: European Parliament