Case T-304/05: Judgment of the Court of First Instance of 12 September 2007 — Cain Cellars, Inc. v OHIM (Device of a pentagon) (Community trade mark — Application for a figurative Community trade mark consisting of the device of a pentagon — Absolute ground for refusal — Absence of distinctive character — Simplicity of the sign)
Date: 2007-10-20
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law, wine

20.10.2007

EN

Official Journal of the European Union

C 247/31

Operative part of the judgment

The Court:

1. orders removal of CRIE SA from the list of applicants;

2. dismisses the action;

3. orders Union française de l'express (UFEX), DHL Express (France)
SAS, and Federal express international (France) SNC to pay,
in
addition to their own costs,
costs of
Chronopost SA and La Poste, Chronopost SA and La Poste to bear
one quarter of their own costs; orders CRIE to pay, in addition to
its own costs, one quarter of the costs of the Commission, the
Commission to bear three quarters of its own costs.

three quarters of

the

Agricultural Guidance and Guarantee Fund (EAGGF) in so far as
imposes a specific adjustment on the Hellenic Republic of
it
EUR 200 146,68 for
the financial years of 1996 to 1998
(consumption aid for olive oil);

2. Dismisses the remainder of the action;

3. Orders the Hellenic Republic to bear its own costs and to pay
70 % of those incurred by the Commission, which shall bear 30 %
of its own costs.

(1) OJ C 205, 20.8.2005.

(1) OJ C 93 of 16.4.2005.

Judgment of the Court of First Instance of 12 September
2007 — Cain Cellars, Inc. v OHIM (Device of a pentagon)

(Case T-304/05) (1)

Judgment of the Court of First Instance of 12 September
2007 — Hellenic Republic v Commission

(Case T-243/05) (1)

(Community trade mark — Application for a figurative
Community trade mark consisting of the device of a pentagon
— Absolute ground for refusal — Absence of distinctive char-
acter — Simplicity of the sign)

(EAGGF — Guarantee Section — Expenditure excluded from
Community financing — Arable crops — Olive oil — Finan-
cial audit — Period of 24 months)

(2007/C 247/50)

Language of the case: German

(2007/C 247/49)

Language of the case: Greek

Parties

Parties

Applicant: Hellenic Republic, (represented by G. Kanellopoulos
and E. Svolopoulou, agents)

Applicant: Cain Cellars, Inc. (St. Helena, California, United States)
(represented by: J. Albrecht and W.-W. Wodrich, lawyers)

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

Defendant: Commission of the European Communities, (repre-
sented by H. Tserepa-Lacombe and L. Visaggio, agents, assisted
by N. Korogiannakis, lawyer)

Re:

Re:

Action for annulment of the Commission Decision of 29 April
2005 excluding from Community financing certain expenditure
by the Member States under the European Agricultural Guar-
section
antee
(OJ 2005 L 112, p. 14), in so far as it excludes certain expendi-
ture by Greece in the sectors of arable crops and olive oil and in
the matter of financial audit.

(EAGGF), Guarantee

and Guidance

Funds

Operative part of the judgment

The Court:

1. Annuls Commission Decision 2005/354/EC of 29 April 2005
excluding from Community financing certain expenditure incurred
by the Member States under the Guarantee Section of the European

Action brought against the decision of the First Board of Appeal
of OHIM of 23 May 2005 (Case R 975/2004-1) concerning the
registration of the device of a pentagon as a Community trade
mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Cain Cellars, Inc. to pay the costs.

(1) OJ C 257 of 15.10.2005.