Case T-405/04: Judgment of the Court of First Instance of 23 October 2007 — Borco-Marken-Import Mathiessen v OHIM (Caipi) (Community trade mark — Application for the Community word mark Caipi — Absolute ground for refusal — Descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 40/94)
Date: 2007-12-08
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), alcoholic beverage, trade-mark law

C 297/38

EN

Official Journal of the European Union

8.12.2007

Operative part of the judgment

Re:

The Court:

1. Annuls Commission Decision C(2002) 5087 final of 17 December
2002 relating to a proceeding under Article 65 CS (Case
COMP/37.956 — Reinforcing bars) with regard to Ferriere Nord
SpA;

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 12 September 2003 (Case R 671/2002-4)
relating to the opposition proceedings between AMS Advanced
Medical Services GmbH and American Medical Systems, Inc.

2. Orders the Commission to bear its own costs and to pay those

incurred by Ferriere Nord;

The Court:

Operative part of the judgment

3. Orders the Italian Republic to bear its own costs.

1. Dismisses the action;

(1) OJ C 112, 10.5.2003.

2. Orders AMS Advanced Medical Services GmbH to pay the costs.

(1) OJ C 71, 20.3.2004.

Judgment of the Court of First Instance of 18 October
2007 — AMS v OHIM — American Medical Systems (AMS
Advanced Medical Services)

(Case T-425/03) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for the Community trade mark AMS Advanced Medical
Services — Earlier
national word mark AMS —
Absolute ground for refusal — Likelihood of confusion —
Article 8(1)(b) of Regulation (EC) No 40/94 — Request for
proof of genuine use made for the first time before the Board
of Appeal — Article 43(2) and (3) of Regulation No 40/94)

(2007/C 297/77)

Language of the case: German

Judgment of the Court of First Instance of 23 October
2007 — Borco-Marken-Import Mathiessen v OHIM (Caipi)

(Case T-405/04) (1)

(Community trade mark — Application for the Community
word mark Caipi — Absolute ground for refusal — Descrip-
tive character — Article 7(1)(b) and (c) of Regulation (EC)
No 40/94)

(2007/C 297/78)

Language of the case: German

Parties

Applicant: AMS Advanced Medical Services GmbH (Mannheim,
Germany)
(represented by: G. Lindhofer initially, and subse-
quently by G. Lindhofer and S. Schäffler, lawyers)

Parties

Applicant: Borco-Marken-Import Mathiessen GmbH & Co KG
(Hamburg, Germany) (represented by: M. Wolter, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: G. Schneider, Agent)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: G. Schneider, acting
as Agent)

Re:

Other party to the proceedings before the Board of Appeal of OHIM
Instance: American Medical
intervening before the Court of First
Systems,
(repre-
sented by: H. Kunz-Hallstein and R. Kunz-Hallstein, lawyers)

(Minnetonka, Minnesota, United States)

Inc.

Action brought against the decision of the Second Board of
Appeal of OHIM of 6 August 2004 (Case R 912/2002-2)
concerning the application for registration as a Community
trade mark of the word sign Caipi.

8.12.2007

EN

Official Journal of the European Union

C 297/39

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 314 of 18.12.2004.

Judgment of the Court of First Instance of 25 October
2007 — Lo Giudice v Commission

(Case T-27/05) (1)

(Officials — Career development report — 2003 assessment
procedure — Procedural irregularities — Article 43 of the
Staff Regulations — Right to be heard — Sick leave —
Medical certificate)

(2007/C 297/79)

Language of the case: French

Judgment of the Court of First Instance of 18 October
2007 — Ekabe International v OHIM — Ebro Puleva
(OMEGA 3)

(Case T-28/05) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for the Community figurative trade mark OMEGA 3
— Earlier national word mark PULEVA-OMEGA 3 — Likeli-
hood of confusion — Similarity of the signs — Article 8(1)(b)
of Regulation (EC) No 40/94)

(2007/C 297/80)

Language of the case: French

Parties

Applicant: Ekabe International SCA (Luxembourg, Luxembourg)
(represented by: C. de Haas, lawyer)

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

(represented by: A.

and Designs)

Parties

Applicant: Carmela Lo Giudice (Grimbergen, Belgium)
sented by: F. Frabetti and G. Bounéou initially,
Frabetti, lawyers)

(repre-
then by F.

Other party to the proceedings before the Board of Appeal of OHIM
Instance: Ebro Puleva SA
intervening before the Court of First
(Madrid, Spain) (represented by: P. Casamitjana Lleonart, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: J. Currall and H. Kraemer, agents)

Re:

Re:

Application seeking the annulment of the assessment procedure
covering the period from 1 January to 31 December 2003 and,
in the alternative, the annulment of the decision of 4 May 2004
drawing up the definitive version of the career development
report on the applicant in respect of the relevant period.

Operative part of the judgment

The Court:

1. Annuls the Commission's decision of 4 May 2004 drawing up the
definitive version of the career development report on the applicant
in respect of the 2003 assessment procedure;

2. Orders the Commission to pay the costs.

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 6 October 2004 (Case R 117/2001-4),
relating to opposition proceedings between Puleva SA (now
Ebro Puleva SA) and Ekabe International SCA

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Ekabe International SCA to pay the costs.

(1) OJ C 82, 2.4.2005.

(1) OJ C 82, 2.4.2005.