Case C-542/07 P: Appeal brought on 30 November 2007 by Imagination Technologies Ltd against the judgment of the Court of First Instance (Third Chamber) delivered on 20 September 2007 in Case T-461/04: Imagination Technologies Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Date: 2007-11-30
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), appeal, telecommunications, trade-mark law

C 37/18

EN

Official Journal of the European Union

9.2.2008

In the course of the procedure for infringement, the European
Commission has had the opportunity of examining the Italian
Republic's arguments in defence justifying the legislation in
they do not do so. Recently
question, but considers that
however the Italian Government announced its own intention
to amend the said legislation by making it compliant with the
Community directive. This action may accelerate such process
of reform.

(1) OJ 1990 L 225, p. 6.

‘Application’) does not offend against either Article 7(1)(b) or
7(1)(c) of Council Regulation No 40/94 as it has acquired a
distinctive character
is
submitted that the Court of First Instance erred in its analysis of
the relevant law; in particular, it erred when it failed to hold
that use after the filing date was relevant when considering the
issue of acquired distinctiveness.

since the Application was

filed.

It

Accordingly, the Court of First Instance was wrong to dismiss
the appeal before it. Hence,
it is submitted that this appeal
against the judgment of the Court of First Instance ought to be
allowed and its Judgment set aside. The Appellant also seeks its
costs in these appeal proceedings and in the proceedings before
the Court of First Instance.

Appeal brought on 30 November 2007 by Imagination
Technologies Ltd against the judgment of the Court of First
Instance (Third Chamber) delivered on 20 September 2007
in Case T-461/04: Imagination Technologies Ltd v Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM)

Action brought on 3 December 2007 — Commission of
the European Communities v Kingdom of Belgium

(Case C-542/07 P)

(2008/C 37/25)

Language of the case: English

(Case C-543/07)

(2008/C 37/26)

Language of the case: Dutch

Parties

Appellant:
Edenborough, Barrister)

Imagination Technologies Ltd (represented by: M.

Parties

Other party to the proceedings: Office for Harmonisation in the
Internal Market (Trade Marks and Designs)

Applicant: Commission of the European Communities (repre-
sented by: M. van Beek, Agent)

Defendant: Kingdom of Belgium

Form of order sought

The appellant claims that the Court should:

Form of order sought

— set aside the judgment of the Court of First Instance.

— make an order for costs of and associated with this appeal
before the Court of Justice and its appeal before the Court
of First Instance.

Pleas in law and main arguments

the European Parliament and of

— Declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
2002/73/EC (1) of
the
Council of 23 September 2002 amending Council Directive
76/207/EEC on the implementation of the principle of equal
treatment for men and women as regards access to employ-
ment, vocational
training and promotion, and working
conditions, or in any event by not communicating such
measures to the Commission, the Kingdom of Belgium has
failed to fulfil its obligations under that directive;

The Appellant submits that the Community trade mark applica-
tion No 2396075 for the word mark PURE DIGITAL (the

— order the Kingdom of Belgium to pay the costs.