Case T-242/07: Action brought on 6 July 2007 — Weiler v OHIM — CISQ (Q2WEB)
Date: 2007-09-08
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), data transmission, trade-mark law

8.9.2007

EN

Official Journal of the European Union

C 211/45

— Infringement of the principle of non-discrimination, in the
the Commission's decision
the United

light of
approving the national allocation plan of
Kingdom.

the provisions of

Action brought on 6 July 2007 — Weiler v OHIM — CISQ
(Q2WEB)

(Case T-242/07)

(2007/C 211/83)

Language in which the application was lodged: German

Parties

Applicant: Dieter Weiler (Pulheim, Germany) (represented by: V.
von Bomhard, T. Dolde and A. Renck, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM:
CISQ Federazione Certificazione Italiana Sistemi di Qualità
Aziendali

Decision of the Cancellation Division: Declaration of the invalidity
of the trade mark concerned

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 52(1)(a) in conjunction with
Article 8(1)(b) of Regulation (EC) No 40/94 (1), since the
opposing trade marks are not visually, phonetically or concep-
tually similar and the differences between the marks are suffi-
cient to rule out the risk of confusion on the part of relevant
consumers.

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

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

Action brought on 11 July 2007 — Republic of Poland v
Commission of the European Communities

(Case T-243/07)

(2007/C 211/84)

Language of the case: Polish

Form of order sought

Parties

— annul the decision of the First Board of Appeal of the Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) of 29 March 2007 in Case R 893/2005-1, and

— order the defendant to pay the costs of the proceedings, but
with regard to the intervention of the other party before the
Board of Appeal, the defendant and the intervener should be
ordered to pay the costs.

Applicant: Republic of Poland (represented by: E. Ośniecka-
Tamecka, Agent)

Defendant: Commission of the European Communities

Form of order sought

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of
invalidity has been sought:
‘Q2WEB’ for goods and services in
classes 9, 35, 38 and 42 (Community trade mark No 2 418 150)

Proprietor of the Community trade mark: the Applicant

Applicant for the declaration of invalidity: CISQ Federazione Certifi-
cazione Italiana Sistemi di Qualità Aziendali

— declare invalid Commission Decision 2007/361/EC of 4 May
2007 on the determination of surplus stocks of agricultural
products other than sugar and the financial consequences of
their elimination in relation to the accession of the Czech
Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta,
Poland, Slovenia and Slovakia (notified under document
number C(2007)1979) (1)
in so far as it relates to the
Republic of Poland;

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

for

services

Trade mark right of applicant for the declaration: the word mark
‘QWEB’
in class 42 (Community trade mark
No 1 772 078), the figurative mark ‘QWEB’ for services in
classes 35, 38 and 42 (Community trade mark No 1 871 201),
and the word mark ‘QWEBMARK’ for services in classes 35, 38
and 42 (Community trade mark No 1 771 963)

Pleas in law and main arguments

The contested decision determined the amounts of agricultural
products in free circulation within Polish territory on the date of
Polish accession to the European Union which, in the view of