Case T-8/08: Action brought on 2 January 2008 — Piccoli v OHIM (Representation of a shell)
Date: 2008-01-02
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, Italy, action for annulment (EU), metallurgical industry, trade-mark law

8.3.2008

EN

Official Journal of the European Union

C 64/57

Pleas in law: Violation of Article 8(1)(b) and 8(5) of Council
Regulation No 40/94, as the conflicting trade marks have a
high degree of visual similarity because of an identical arrange-
ment of nine elements present in both the trade mark applied
for and in most of
the earlier marks, which are inherently
distinctive.

Pleas in law: Infringement of Articles 4 and 7(1)(e) of Regulation
(EC) No 40/94 on the Community trade mark, as well as
misconstruction of a number of provisions of Directive
the Member States
89/104/EEC to approximate the laws of
relating to trade marks. It is asserted, in that regard, that both
Article 2 of Directive 89/104/EEC and Article 4 of Regulation
(EC) No 40/94 acknowledge, expressly and unambiguously, the
intrinsic distinctiveness, not only of the packaging of goods, but
also of the very shape of those goods.

Action brought on 2 January 2008 — Piccoli v OHIM
(Representation of a shell)

(Case T-8/08)

(2008/C 64/91)

Language of the case: Italian

Action brought on 7 January 2008 — Volkswagen v OHIM
(CAR SILHOUETTE III)

(Case T-9/08)

(2008/C 64/92)

Language in which the application was lodged: German

Parties

Applicant: G.M. Piccoli Srl (Alzano Lombardo, Italy) (represented
by S. Giudici, lawyer)

Parties

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

Form of order sought

The applicant claims that the Court should:

— Annul or vary the decision of the First Board of Appeal of
28 September 2007, notified on 23 October 2007, to allow
the registration of Community three-dimensional trade mark
No 4522892 consisting in the stylised shape of a (scallop)
shell, also to distinguish ‘brioches, brioches filled with
creams or custards, jams, chocolate or honey’;

— Order the defendant to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: Three-dimensional mark repre-
senting a shell
from four different perspectives (Registration
Application No 4.522.892 for goods in Class 30).

Decision of the Examiner: Rejection of the application for registra-
tion in respect of
‘preparations made from cereals, pastry,
confectionery and ices’.

Applicant: Volkswagen AG (Wolfsburg, Germany)
by H.-P. Schrammek, C. Drzymalla, S. Risthaus, R.
lawyers)

(represented
Jepsen,

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

Form of order sought

— Annul the decision of the Fourth Board of Appeal of the
Office for Harmonisation in the Internal Market
(Trade
Marks and Designs) of 6 November 2007, notified on
9 November 2007, in appeal case R 1306/2007-4;

— Order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

figurative
Community trade mark concerned: The international
mark ‘CAR SILHOUETTE III’ for goods in Class 12 (international
registration,
European Community, No
W 878 349).

designating

the

Decision of the Examiner: Refusal of protection.

Decision of the Board of Appeal: Appeal dismissed.

Decision of the Board of Appeal: Dismissal of the appeal.