Case T-408/07: Action brought on 7 November 2007 — Crunch Fitness International v OHIM — ILG (CRUNCH)
Date: 2007-11-07
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), service, sports facilities, trade-mark law

C 8/22

EN

Official Journal of the European Union

12.1.2008

Decision of the Board of Appeal: Appeal dismissed

Pleas in law and main arguments

Pleas in law: Infringement of Article 7(1)(b) and (c) of Council
Regulation No 40/94 (1) in that, according to the applicant and
contrary to the findings in the contested decision, the term
‘PAYWEB CARD’ is not descriptive but, on the contrary, distinc-
tive in relation to the goods and services designated.

(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 8 November 2007 — CMB and Christof
v Commission and EAR

(Case T-407/07)

(2008/C 8/39)

Language of the case: English

The applicants contest the European Agency for Reconstruc-
tion's decision of 29 August 2007 confirming the rejection of
the applicants' bid and the award of the contract to another
tenderer relating to the tender notice EuropeAid/124192/D/
SUP/YU (OJ 2006/S 233-248823)
the supply, delivery,
installation, after-sales service and training in the use of supplies
for treatment and transport of medical waste throughout the
Republic of Serbia (excluding Kosovo). The applicants further
request compensation for the alleged damages caused by the
decision.

for

In support of their application, the applicants submit that the
contracting authority violated the award criteria for the tender,
as the offer of the successful tenderer did not meet the technical
specifications.

Furthermore, the applicants allege that the contracting authority
violated the applicable procurement procedure, that it did not
state reasons and that it breached the principle of sound admin-
istration.

Action brought on 7 November 2007 — Crunch Fitness
International v OHIM — ILG (CRUNCH)

Parties

Applicants: CMB Maschinenbau & Handels GmbH (Gratkorn,
Austria) and J. Christof GmbH (Graz, Austria) (represented by:
A. Petsche, N. Niejahr and Q. Azau, lawyers, and F. Young, Soli-
citor)

(Case T-408/07)

(2008/C 8/40)

Language of the case: English

Defendants: Commission of
European Agency for Reconstruction

the European Communities and

Parties

Form of order sought

— Annul the decision;

— order the EAR to produce certain documents;

— order the EAR to pay damages in respect of the loss suffered
by the applicants in the amounts of EUR 26 862,17 and
EUR 3 197 968,80 for costs and lost profit, plus compensa-
tory interest from the date on which the damage materia-
lised;

— order the EAR to pay interest on the damages from the date

of judgment;

— order the EAR and the Commission to pay their own costs
and the applicants' costs in connection with these proceed-
ings.

Applicant: Crunch Fitness International Inc. (New York, United
States) (represented by: J. Barry, Solicitor)

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

Other party to the proceedings before the Board of Appeal: ILG Ltd
(Dun Laoghaire, Ireland)

Form of order sought

— The decision of the Fourth Board of Appeal in relation to

class 41 of the CTM be annulled;

— the CTM remain registered for services in class 41; and

— order that OHIM pay its costs both in these proceedings and

in the appeal proceedings before OHIM.

12.1.2008

EN

Official Journal of the European Union

C 8/23

Pleas in law and main arguments

Proprietor of the Community trade mark: José Izquierdo Faces

Registered Community trade mark subject of
the application for a
declaration of invalidity: The figurative mark ‘CRUNCH’ for goods
and services in classes 9, 25 and 41 — Community trade mark
No 62 083

Proprietor of the Community trade mark: The applicant

Party requesting the declaration of invalidity of the Community trade
mark: ILG Ltd

Decision of the Cancellation Division: Partial declaration of inva-
lidity of the Community trade mark for the goods and services
in classes 9 and 25

Decision of the Board of Appeal: Declaration of invalidity of the
Community trade mark also for the services in class 41

in law:

Pleas
Infringement of Article 50(1)(a), alternatively
Article 50(2), of Council Regulation No 40/94, as the Board of
Appeal erred in finding that there was no genuine use of the
trade mark in question in the Community in connection with
the services in class 41.

Party requesting the declaration of invalidity of the Community trade
mark: The applicant

Trade mark right of the party requesting the declaration of invalidity:
The national word mark ‘COPAT’ for goods and services in
classes 9, 35, 41 and 42

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

Decision of the Board of Appeal: Annulment of the Cancellation
Division's decision and dismissal of the request for a declaration
of invalidity

Pleas in law: Infringement of Article 56(2) and (3) of Council
Regulation No 40/94 and Rules 22(2) and 40(5) of Commission
Regulation No 2868/95, as the Board of Appeal
incorrectly
found that
trade mark had not been used in
Germany during the period 1996 to 2001.

the national

Action brought on 16 November 2007 — Cohausz v
OHIM — Izquierdo Faces (acopat)

Action brought on 16 November 2007 — Jurado
Hermanos, S.L. v OHIM (JURADO)

(Case T-409/07)

(2008/C 8/41)

(Case T-410/07)

(2008/C 8/42)

Language of the case: English

Language of the case: Spanish

Parties

Applicant: Prof. Dr.-Ing. Helge B. Cohausz (Düsseldorf, Germany)
(represented by: I. Friedhoff, lawyer)

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

Other party to the proceedings before the Board of Appeal:
Izquierdo Faces (Bilbao, Spain)

José

Form of order sought

— Annul the contested action [decision of the First Board of
Appeal of
the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) of 6 September 2007 in
Case R 289/2006-1];

— order intervener and/or [OHIM] to pay the costs.

Pleas in law and main arguments

Registered Community trade mark subject of
the application for a
declaration of invalidity: The figurative mark ‘acopat’ for services
in classes 35 and 42 — Community trade mark No 1 643 782

Parties

Applicant: Jurado Hermanos, S.L. (Alicante, Spain) (represented
by C. Martín Álvarez, lawyer)

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

Form of order sought

— Annul

the decision of

the Second Board of Appeal of

3 September 2007 in Case R 866/2007-2;

— Give judgment on the merits of

the case,

recognising
JURADO HERMANOS, S.L., as an interested party in the
renewal procedure for Community trade mark No 240.218,
JURADO HERMANOS, S.L. being the exclusive and regis-
tered licensee of that mark, and acceding to the application
for restitutio in integrum filed by JURADO HERMANOS, S.L.
in relation to the renewal of the Community trade mark
No 240.218, and

— Order OHIM to pay the costs.