Case T-485/07: Action brought on 21 December 2007 — Olive Line International v OHIM — Knopf (o-live)
Date: 2007-12-21
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, appeal, foodstuff, trade-mark law

23.2.2008

EN

Official Journal of the European Union

C 51/57

— in applying its own method, the Commission has infringed

the principle of non-discrimination;

— the Commission has failed to comply with Article 9(3)
in that it
decision

of Directive 2003/87/EC and Article 253 EC,
has
for
C(2007) 5240 final.

adequate

reasons

failed

give

to

(1) Directive 2003/87/EC of

the
Council of 13 October 2003 establishing a scheme for greenhouse
gas emission allowance trading within the Community and amending
Council Directive 96/61/EC (OJ 2003 L 275, p. 32).

the European Parliament and of

— the Commission has applied a method wholly lacking in
transparency for the purposes of determining the overall
volumes of the emission quotas, thus infringing not only
Article 9(1) of Directive 2003/87/EC, but also Article 9(3)
thereof;

— in applying its own system, the Commission has infringed

the principle of non-discrimination;

— the Commission has failed to comply with Article 9(3)
in that it
decision

of Directive 2003/87/EC and Article 253 EC,
has
for
C(2007) 5253 final.

adequate

reasons

failed

give

to

(1) Directive 2003/87/EC of

the
Council of 13 October 2003 establishing a scheme for greenhouse
gas emission allowance trading within the Community and amending
Council Directive 96/61/EC (OJ 2003 L 275, p. 32).

the European Parliament and of

Action brought on 22 December 2007 — Romania v
Commission of the European Communities

(Case T-484/07)

(2008/C 51/103)

Language of the case: Romanian

Parties

Applicant: Romania (represented by: Aurel Ciobanu-Dordea,
Agent, Emilia Gane and Dumitra Mereuță, Advisers)

Defendant: Commission of the European Communities

Forms of order sought

The applicant claims that the Court of First Instance should:

— Annul the Commission's decision (C(2007) 5253 final) of
26 October 2007 concerning the national allocation plan
the period
for greenhouse gas emission certificates for
2008-2012, notified by Romania pursuant
to Directive
2003/87/EC of the European Parliament and of the Council;

— Order the Commission of the European Communities to

pay the costs of the proceedings.

Pleas in law and main arguments

By the contested decision, the Commission rejected in part the
national allocation plan for greenhouse gas emission certificates
for the period 2008-2012, notified by Romania pursuant to
Directive 2003/87/EC (1),
reducing by 19,754248 million
tonnes of CO2, equivalent per year the overall number of certifi-
cates that will be allocated for the Community scheme and
establishing that the average overall annual volume covered by
the emission quotas that may be allocated will not exceed
75,944352 million tonnes.

In support of its action, the applicant submits as follows:

— the Commission has failed to comply with Article 9(1) and
(3) and Article 11(2) of Directive 2003/87/EC, in that it has
established, with binding force, on the basis of a method of
its own, the overall volume of the emission quotas that can
be allocated by Romania, thus encroaching upon the latter's
sphere of competence;

Action brought on 21 December 2007 — Olive Line
International v OHIM — Knopf (o-live)

(Case T-485/07)

(2008/C 51/104)

Language in which the application was lodged: English

Parties

Applicant: Olive Line International, SL (Madrid, Spain) (repre-
sented by: P. Koch Moreno, lawyer)

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

Other party to the proceedings before the Board of Appeal: Reinhard
Knopf (Malsch, Germany)

Form of order sought

— Declare that the decision dated 26 September 2007 of the
Second Board of Appeal of the OHIM dismissing the appeal
against the granting of Community trade mark No 3 219 193
does not comply with EC Regulation 40/94 on Community
trade marks;

— order that the costs of the proceedings be paid by the defen-

dant and, if appropriate, by the contributing party.

Pleas in law and main arguments

Applicant for the Community trade mark: Reinhard Knopf

Community trade mark concerned: The figurative mark ‘o-live’ for
goods in classes 29, 30, 31 and 33 — application No 3 219 193

Proprietor of the mark or sign cited in the opposition proceedings: The
applicant

C 51/58

EN

Official Journal of the European Union

23.2.2008

Mark or sign cited: The national trade name ‘Olive lines’ for the
activities of a business dedicated to being a trade intermediary

Decision of the Opposition Division: Rejection of the opposition in
its entirety

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Violation of Article 8(1)(b) and (4) of Council Regu-
lation No 40/94, as there is a risk of confusion between the
earlier non-registered trade mark, which has more than just a
local significance, and the trade mark applied for.

Mark or sign cited: The Community word and figurative marks
‘KA’ for goods and services in classes 9, 12, 14, 16, 18, 20, 21,
27, 32 and 37

Decision of the Opposition Division: Rejection of the opposition in
its entirety

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regu-
lation No 40/94, as there is a likelihood of confusion between
the conflicting trade marks due to the phonetic and visual simi-
larity between ‘KA’ and ‘CA’, the identity of the goods and the
enhanced distinctiveness of the earlier marks.

Action brought on 21 December 2007 — Ford Motor v
OHIM — Alkar Automotive (CA)

(Case T-486/07)

(2008/C 51/105)

Language in which the application was lodged: English

Parties

Applicant: Ford Motor Co. (Dearborn, United States) (represented
by: R. Ingerl, lawyer)

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

Other party to the proceedings before the Board of Appeal: Alkar
Automotive SA (Derio, Spain)

Form of order sought

— Annul

the decision of

the Fourth Board of Appeal of
the Office
Internal Market
(Trade Marks and Designs) of 25 October 2007 (Case
R 85/2006-4);

for Harmonisation in the

— annul the decision of the Opposition Division of the Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) of 22 November 2005 (Opposition No B 684052);

— order OHIM to pay the costs incurred by the applicant.

Action brought on 21 December 2007 — Imperial
Chemical Industries v OHIM (FACTORY FINISH)

(Case T-487/07)

(2008/C 51/106)

Language of the case: English

Parties

Applicant: Imperial Chemical Industries (ICI) plc (London, United
Kingdom) (represented by: S. Malynicz, Barrister)

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

Form of order sought

— The decision of

the Fourth Board of Appeal dated

24 October 2007 in Case R 668/2007-4 shall be annulled.

— The Office shall bear its own costs and pay those of the

applicant.

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘FACTORY
FINISH’ for goods in class 2 — application No 4 538 518

Decision of the examiner: Refusal of the application

Pleas in law and main arguments

Decision of the Board of Appeal: Dismissal of the appeal

Applicant for the Community trade mark: Alkar Automotive SA

Community trade mark concerned: The figurative mark ‘CA’ for,
inter alia, goods
in classes 9, 11 and 12 — application
No 3 186 764

Proprietor of the mark or sign cited in the opposition proceedings: The
applicant

Pleas in law: Violation of Article 7(1)(c) of Council Regulation
No 40/94, as ‘FACTORY FINISH’
is not descriptive, but an
unusual juxtaposition of words resulting in a lexical invention,
and violation of Article 7(1)(b) of Council Regulation No 40/94,
as the mark applied for is not devoid of distinctive character.