Case T-339/07: Action brought on 11 September 2007 — Juwel Aquarium v OHIM — Potschak — Bavaria Aquaristik (Panorama)
Date: 2007-11-10
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), electrical equipment, fish, trade-mark law

10.11.2007

EN

Official Journal of the European Union

C 269/57

Appeal brought on 4 September 2007 by Irène Bianchi
against the judgment of the Civil Service Tribunal delivered
on 28 June 2007 in Case F-38/06, Bianchi v European
Training Foundation

(Case T-338/07 P)

(2007/C 269/102)

Language of the case: French

Parties

Appellant: Irène Bianchi (Turin, Italy) (represented by M.-A Lucas,
lawyer)

Other party to the proceedings before the Board of Appeal of OHIM:
Christian Potschak — Bavaria Aquaristik

Form of order sought

— Annul the Decision of the First Board of Appeal of the
(Trade

Office for Harmonisation in the Internal Market
Marks and Designs) of 28 June 2007 (R 214/2006-1);

— Reject the application for a declaration of invalidity of the
other party to the proceedings before the Board of Appeal
in respect of the Community trade mark ‘Panorama’ (Com-
munity trade mark 2 771 087);

— Order the defendant to pay the costs of the proceedings.

Other party to the proceedings: European Training Foundation

Pleas in law and main arguments

Form of order sought by the appellant

Registered Community trade mark in respect of which a declaration of
invalidity has been sought: The word mark ‘Panorama’ for goods
in Classes 11, 16 and 20 (Community trade mark 2 771 087).

— Annul the judgment of the Second Chamber of the Civil

Service Tribunal of 28 June 2007 in Case F-38/06;

Proprietor of the Community trade mark: The applicant.

— Uphold the forms of order sought by the applicant at first

instance;

— Order the European Training Foundation to pay the costs of

both sets of proceedings.

Pleas in law and main arguments

In support of her appeal, the appellant claims that the Tribunal
failed to take into account or misunderstood certain facts and
that that led to an erroneous assessment of the facts contrary to
the second paragraph of Article 25 and Article 26 of the Staff
Regulations. She also claims that the Tribunal infringed Com-
munity law and,
in particular, procedural rules, by distorting
evidence submitted by the applicant. Finally, she relies on a plea
alleging a failure to provide an adequate statement of reasons
and an error of law resulting from an alleged failure to take into
account, or distortion of, the facts or the evidence adduced in
support thereof, and an erroneous finding of fact.

Applicant for the declaration of
Bavaria Aquaristik.

invalidity: Christian Potschak —

Decision of the Cancellation Division: Rejection of the application
for a declaration of invalidity.

Decision of the Board of Appeal: Annulment of the decision of the
Cancellation Division and in part of the declaration of invalidity
of the Community trade mark.

Pleas in law: Infringement of Article 7(1)(c) of Regulation (EC)
No 40/94 (1), since the Community trade mark ‘Panorama’ is
not purely descriptive. In addition, pursuant to Article 7(1)(d) of
Regulation (EC) No 40/94, the indication ‘Panorama’ has not
become customary and a mere generic term.

(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 September 2007 — Juwel Aquarium
v OHIM — Potschak — Bavaria Aquaristik (Panorama)

Action brought on 4 September 2007 — Evropaïki
Dynamiki v Commission

(Case T-339/07)

(2007/C 269/103)

Language in which the application was lodged: German

(Case T-340/07)

(2007/C 269/104)

Language of the case: English

Parties

Applicant:
Germany) (represented by: D. Jestaedt and G. Rother, lawyers)

Juwel Aquarium GmbH & Co. KG (Rotenburg,

Parties

Applicant: Evropaïki Dynamiki (Athens, Greece) (represented by:
N. Korogiannakis, lawyer)

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

Defendant: Commission of the European Communities