Case T-36/08: Action brought on 28 January 2008 — Furukawa Electric North America v OHIM (SLIM LINE)
Date: 2008-01-28
Institutions: Court of First Instance
Subjects: Community Plant Variety Office, EU trade mark, action for annulment (EU), telecommunications equipment, trade-mark law

C 79/32

EN

Official Journal of the European Union

29.3.2008

The applicant claims in support of its action that the contested
decision is based on an erroneous assessment of the facts. In
particular, adequate supporting evidence was inappropriately
regarded as being inadequate, and costs of employing temporary
assistants and trainees, together with costs provided for in the
budget and certain travel costs were inappropriately disallowed.

(1) Decision No 803/2004/EC of the European Parliament and of the
Council of 21 April 2004 adopting a programme of Community
action (2004 to 2008) to prevent and combat violence against chil-
dren, young people and women and to protect victims and groups at
risk (the Daphne II programme) (OJ 2004 L 143, p. 1).

Pleas in law: Misapplication of Article 7(1)(b) and (c) of Regu-
lation (EC) No 40/94 (1), as the name ‘SLIM LINE’ is neither a
descriptive indication nor is it devoid of any distinctive char-
acter.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

Action brought on 28 January 2008 — Furukawa Electric
North America v OHIM (SLIM LINE)

(Case T-36/08)

(2008/C 79/62)

Language in which the application was lodged: German

Parties

Applicant: Furukawa Electric North America,
United States of America) (represented by O. Rauscher, lawyer)

(Norcross,

Inc.

Appeal brought on 28 January 2008 by Luigi Marcuccio
against the judgment of the Civil Service Tribunal delivered
on 6 December 2007 in Case F-40/06, Marcuccio v
Commission

(Case T-46/08 P)

(2008/C 79/63)

Language of the case: Italian

Parties

Appellant: Luigi Marcuccio (Tricase,
Cipressa, lawyer)

Italy)

(represented by G.

Other party to the proceedings: Commission of
Communities

the European

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

Form of order sought by the appellant

Form of order sought

The applicant claims that the Court should:

— annul the decision of the Second Board of Appeal of the
(Trade
Office for Harmonisation in the Internal Market
Marks and Designs) of 22 November 2007 in case number
R 1532/2007-2;

— order the Office for Harmonisation in the Internal Market

(Trade Marks and Designs) to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: the word mark ‘SLIM LINE’ for
goods in Class 9 (Application No 5 907 266)

Decision of the Examiner: Refusal of the application

Decision of the Board of Appeal: Dismissal of the appeal

— annul the order delivered on 6 December 2007 in Case
F-40/06 Marcuccio v Commission of the First Chamber of the
Public Service Tribunal of the European Union insofar as
(a) the action brought by the applicant at first instance was
dismissed on grounds other than absence of legal interest in
(b) the applicant's claims to obtain
bringing proceedings;
compensation in respect of
the damage (‘the damage in
question’) arising from the facts in the case were rejected;
and (c) the applicant was ordered to pay the defendant's
costs;

— declare that the action at first instance was admissible, and
in particular that the applicant, at the time he brought that
action, had a legal interest in bringing proceedings;

— uphold the conclusions relating to compensation for the
damage in question and order the defendant to pay all the
costs borne by the applicant in respect of both the action at
first instance and the present appeal;

— in the alternative, refer the present case back to the Public
Service Tribunal for a ruling on: (a) all those parts of the
present case on which the court did not rule or which were
annulled by the judgment to be made in this appeal; (b) the
costs of the action at first instance and of the appeal.