Case T-407/05: Judgment of the Court of First Instance of 6 November 2007 — SAEME v OHIM — Racke (REVIAN's) (Community trade mark — Opposition proceedings — Application for figurative Community trade mark REVIAN's — Earlier non-Community trade mark evian — Late submission of the translation of the registration certificate for an earlier mark — Discretion granted by Article 74(2) of Regulation (EC) No 40/94)
Date: 2007-12-22
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), sparkling wine, trade-mark law, wine

22.12.2007

EN

Official Journal of the European Union

C 315/35

2. Annuls Article 2(a) to (c) of that decision in so far as it directs the
Federal Republic of Germany, first, to omit the measures for ex-
post adjustment which are referred to therein and, second, to notify
the Commission of their omission;

2. Orders Omega SA to pay the costs.

(1) OJ C 115, 14.5.2005.

3. Orders the Commission to pay the costs.

(1) OJ C 284, 20.11.2004.

Judgment of the Court of First Instance of 6 November
2007 — Omega v OHIM — Omega Engineering
(Ω OMEGA)

(Case T-90/05) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for the figurative and word Community trade mark
Ω OMEGA — Earlier national word mark OMEGA — Rela-
tive ground for refusal — Reliance by the applicant for the
Community trade mark on a national trade mark identical to
that applied for and earlier than the national mark cited in
opposition — Likelihood of confusion)

Judgment of the Court of First Instance of 6 November
2007 — SAEME v OHIM — Racke (REVIAN's)

(Case T-407/05) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for figurative Community trade mark REVIAN's —
Earlier non-Community trade mark evian — Late submission
of the translation of the registration certificate for an earlier
mark — Discretion granted by Article 74(2) of Regulation
(EC) No 40/94)

(2007/C 315/66)

Language of the case: German

(2007/C 315/65)

Language of the case: English

Parties

Parties

Applicant: Omega SA (Bienne, Switzerland) (represented initially
by: P. González-Bueno Catalán de Ocón and E. Armijo Chávarri,
and subsequently by P. González-Bueno Catalán de Ocón,
lawyers)

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

(represented by: A.

and Designs)

Applicant: Société anonyme des eaux minérales d'Évian (SAEME)
(Évian-les-Bains, France)
(represented by: C. Hertz-Eichenrode,
lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM
and intervener before the Court of First Instance: A. Racke GmbH &
(represented by: N. Schindler,
Co. OHG (Bingen, Germany)
lawyer)

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: Omega Engineering,
Inc. (Stamford, Connecticut, United States) (represented by: C.
Algar, Solicitor)

Re:

Re:

Action brought against the decision of the Second Board of
Appeal of OHIM of 10 December 2004 (Case R 330/2002-2)
relating to opposition proceedings between Omegal Engineering,
Inc. and Omega SA.

Action against the decision of the Fourth Board of Appeal of
OHIM of 22 July 2005 (Case R 82/2002 4) relating to opposi-
tion proceedings between Société anonyme des eaux minérales
d'Évian (SAEME) and A. Racke GmbH & Co. OHG, and also
against decision No 2754/2001 of the Opposition Division of
OHIM of 23 November 2001.

Operative part of the judgment

Operative part of the judgment

The Court:

1. Dismisses the action;

1. Annuls the decision of the Fourth Board of Appeal of the Office
(Trade Marks and

for Harmonisation in the Internal Market
Designs) (OHIM) of 22 July 2005 (Case R 82/2002 4);

C 315/36

EN

Official Journal of the European Union

22.12.2007

2. Orders OHIM to pay its own costs and those incurred by the appli-

cant;

Judgment of the Court of First Instance of 6 November
2007 — RheinfelsQuellen H. Hövelmann v OHIM (VOM
URSPRUNG HER VOLLKOMMEN)

3. Orders the intervener to bear its own costs.

(1) OJ C 22, 28.1.2006.

Judgment of the Court of First Instance of 8 November
2007 — MPDV Mikrolab v OHIM (manufacturing score
card)

(Case T-459/05) (1)

(Community trade mark — Community trade mark applica-
tion in respect of manufacturing score card word mark —
Absolute grounds for refusal — Descriptiveness — Lack of
distinctive character — Article 7(1)(b) and (c) of Regulation
(EC) No 40/94)

(2007/C 315/67)

Language of the case: German

(Case T-28/06) (1)

(Community trade mark — Application for the Community
word mark VOM URSPRUNG HER VOLLKOMMEN —
Absolute grounds for refusal — Descriptive character —
Article 7(1)(b) and 7(1)(c) of Regulation (EC) No 40/94)

(2007/C 315/68)

Language of the case: German

Parties

Applicant: RheinfelsQuellen H. Hövelmann GmbH & Co. KG,
Duisburg, Germany,
(represented by: W. Kellenter and A.
Lambrecht, lawyers)

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

Parties

Applicant: MPDV Mikrolab GmbH, Mikroprozessordatenverarbei-
tung und Mikroprozessorlabor (Mosbach, Germany) (represented
by: W. Göpfert, lawyer)

Re:

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

Re:

Action brought against the decision of the Second Board of
Appeal of OHIM of 19 October 2005 (Case R 1059/2004-2)
concerning an application for registration of the manufacturing
score card word mark as a Community trade mark

Operative part of the judgment

The Court:

1. Dismisses the appeal;

Appeal against the decision of the Second Board of Appeal of
OHIM of 17 November 2005 (Case R 1179/2004-2)
concerning an application for registration of the word mark
VOM URSPRUNG HER VOLKOMMEN as a Community trade
mark

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders MPDV Mikrolab GmbH, Mikroprozessordatenverarbeitung

und Mikroprozessorlabor to pay the costs.

2. Orders RheinfelsQuellen H. Hövelmann GmbH & Co. KG to pay

the costs.

(1) OJ C 60 of 11.3.2006.

(1) OJ C 86, 8.4.2006.