Case T-405/07: Action brought on 14 November 2007 — Caisse Fédérale du Crédit Mutuel Centre Est Europe v OHIM (P@YWEB CARD)
Date: 2007-11-14
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), banking, service, trade-mark law

12.1.2008

EN

Official Journal of the European Union

C 8/21

Finally, the applicant contends that Article 232 EC entitles an
undertaking to bring an action against the Commission's failure
to adopt measures which would have been of direct and indivi-
dual concern to it, and that the measures which the Commis-
sion failed to adopt in the present case were of direct and indivi-
dual concern to the applicant as a competitor of Air France.

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
‘P@YWEB 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 14 November 2007 — Caisse Fédérale
du Crédit Mutuel Centre Est Europe v OHIM (P@YWEB
CARD)

(Case T-405/07)

(2008/C 8/37)

Language in which the application was lodged: French

Parties

Applicant: Caisse Fédérale du Crédit Mutuel Centre Est Europe
(Strasbourg, France) (represented by: P. Greffe and J. Schouman,
lawyers)

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

Form of order sought

— Annulment of the decision of the First Board of Appeal of
OHIM of 10 July 2007, notified on 14 September 2007,
Case R 119/2007-1 refusing its application for registration
of Community trade mark P@YWEB CARD, application
No 3 861 044, for all the goods and services designated in
classes 9, 36 and 38;

— Registration of Community trade mark application P@YWEB
CARD No 3 861 044, for all the goods and services desig-
nated.

Pleas in law and main arguments

Action brought on 14 November 2007 — Caisse Fédérale
du Crédit Mutuel Centre Est Europe v OHIM (PAYWEB
CARD)

(Case T-406/07)

(2008/C 8/38)

Language in which the application was lodged: French

Parties

Applicant: Caisse Fédérale du Crédit Mutuel Centre Est Europe
(Strasbourg, France) (represented by: P. Greffe and J. Schouman,
lawyers)

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

Form of order sought

— Annulment of the decision of the First Board of Appeal of
OHIM of 12 September 2007, notified on 17 September
2007, Case R 120/2007-1 refusing its application for regis-
tration of Community trade mark PAYWEB CARD, applica-
tion No 3 861 051, for all the goods and services designated
in classes 9, 36 and 38;

— Registration of Community trade mark application PAYWEB
CARD No 3 861 051, for all the goods and services desig-
nated.

Community trade mark concerned: Word mark ‘P@YWEB CARD’
for goods and services in classes 9, 36 and 38 (Application
No 3 861 044)

Decision of the Examiner: Application for registration refused

Pleas in law and main arguments

Community trade mark concerned: Word mark ‘PAYWEB CARD’ for
goods and services in classes 9, 36 and 38 (Application
No 3 861 051)

Decision of the Board of Appeal: Appeal dismissed

Decision of the Examiner: Application for registration refused