Case T-164/06: Judgment of the Court of First Instance of 12 September 2007 — ColArt/Americas/OHIM (BASICS) (Community trade mark — Application for the Community word mark BASICS — Absolute grounds for refusal — Lack of distinctive character — Descriptive mark — Article 7(1)(b) and (c) of Regulation (EC) No 40/94 — Distinctive character acquired through use — Article 7(3) of Regulation No 40/94)
Date: 2007-10-20
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), paints and varnishes, trade-mark law

20.10.2007

EN

Official Journal of the European Union

C 247/33

Judgment of the Court of First Instance of 12 September
2007 — ColArt/Americas/OHIM (BASICS)

Judgment of the Court of First Instance (Second Chamber)
of 12 September 2007 — Commission v Internet
Commerce Network and Dane-Elec Memory

(Case T-164/06) (1)

(Case T-184/06) (1)

(Community trade mark — Application for the Community
word mark BASICS — Absolute grounds for refusal — Lack
of distinctive character — Descriptive mark — Article 7(1)(b)
and (c) of Regulation (EC) No 40/94 — Distinctive character
acquired through use — Article 7(3) of Regulation No 40/94)

(Arbitration clause — Contract concluded in the framework of
a special programme in the field of information society tech-
nologies (Crossmarc project) — Non-performance of
the
contract — Repayment of the advance paid by the Community
— At-first-demand guarantee of the contractual obligations
— Default procedure)

(2007/C 247/53)

Language of the case: English

(2007/C 247/54)

Language of the case: French

Parties

Parties

Applicant: ColArt/Americas, Inc (Piscataway, New Jersey, United
States) (represented by: E. Soler Borda and R. Zeineh, lawyers)

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

(represented by: A.

and Designs)

Applicant: Commission of the European Communities (repre-
sented:
initially by L. Ström van Lier and subsequently by L.
Escobar Guerrero, Agents, assisted by P. Elvinger, lawyer)

Defendants: Internet Commerce Network (Bagnolet, France) and
Dane-Elec Memory (Bagnolet)

Re:

Re:

Application for annulment of the decision of the Fourth Board
of Appeal of OHIM of 7 April 2006 (Case R 788/2005-4)
refusing to register the word mark BASICS as a Community
trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders ColArt/Americas, Inc. to pay the costs.

(1) OJ C 190, 12.8.2006.

Action, based on an arbitration clause, for an order that the
defendants repay the amount of the advance paid by the Com-
munity, and interest for late payment, following the non-perfor-
mance of Contract No 2000-25366 concluded in the frame-
work of a special programme for research, technological devel-
opment and demonstration in the field of information society
technologies
(1998-2002) concerning the Crossmarc
project (Cross-lingual Multi Agent Retail Comparison).

(IST)

Operative part of the judgment

The Court:

1. Orders Dane-Elec Memory to pay to the Commission of

the
European Communities the principal sum of EUR 55 878 with
interest thereon:

— at

the annual
31 December 2005;

rate of 4,75 % from 16 March 2004 to