Case T-215/06: Judgment of the Court of First Instance of 28 February 2008 — American Clothing Associates v OHIM (Representation of a maple leaf) (Community trade mark — Application for a figurative Community trade mark representing a maple leaf — Absolute ground for refusal — Service mark — Article 7(1)(h) of Regulation (EC) No 40/94 — Article 6ter of the Paris Convention — Matters of law brought before the departments of OHIM and before the Court)
Date: 2008-02-28
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), textile industry, trade-mark law

C 92/26

EN

Official Journal of the European Union

12.4.2008

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance of 27 February
2008 — Citigroup v OHIM — Link Interchange Network
(WORLDLINK)

Judgment of the Court of First Instance of 28 February
2008 — American Clothing Associates v OHIM (Represen-
tation of a maple leaf)

(Case T-325/04) (1)

(Case T-215/06) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for Community word mark WORLDLINK — Earlier
national figurative mark LiNK — Relative ground for refusal
— Likelihood of confusion — Restriction of services covered
in the trade mark application — Identity of services —
Similarity of signs — Articles 73 and 74 of Regulation (EC)
No 40/94)

(Community trade mark — Application for a figurative Com-
munity trade mark representing a maple leaf — Absolute
ground for refusal — Service mark — Article 7(1)(h) of
Regulation (EC) No 40/94 — Article 6ter of the Paris
Convention — Matters of law brought before the departments
of OHIM and before the Court)

(2008/C 92/52)

Language of the case: English

(2008/C 92/53)

Language of the case: French

Parties

Inc.

Applicant: Citigroup,
formerly Citicorp (New York, New
York, United States) (represented initially by: V. von Bomhard,
A. Renck, A. Pohlmann, lawyers and C. Schulte, Solicitor, and
subsequently by V. von Bomhard and A. Renck)

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

Parties

Applicant: American Clothing Associates SA (Evergem, Belgium)
(represented by: P. Maeyaert and N. Clarembeaux, lawyers)

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

(represented by: A.

and Designs)

Other party to the proceedings before the Board of Appeal of OHIM
Instance: Link Interchange
intervening before the Court of First
(represented by: D.
Network Ltd (London, United Kingdom)
McFarland, Barrister, and R. Brown, Solicitor)

Re:

Re:

Action brought against the decision of the First Board of Appeal
of OHIM of 18 May 2004 (Case R 789/2002-1) relating to
opposition proceedings between Link Interchange Network Ltd
and Citigroup, Inc.

Action brought against the decision of the First Board of Appeal
of OHIM of 4 May 2006 (Case R 1463/2005-1) concerning the
application for registration of a sign representing a maple leaf as
a Community trade mark

Operative part of the judgment

Operative part of the judgment

The Court:

The Court:

1. Dismisses the action;

2. Orders Citigroup, Inc. to pay the costs.

(1) OJ C 273, 6.11.2004.

1. Annuls the decision of the First Board of Appeal of the Office for
Harmonisation in the Internal Market (Trade Marks and Designs)
(OHIM) of 4 May 2006 (Case R 1463/2005-1) in so far as it
relates to the registration of the mark applied for in respect of the
services in Class 40 of the Nice Agreement concerning the Interna-
tional Classification of Goods and Services for the Purposes of the
Registration of Marks of 15 June 1957, as revised and amended,
and corresponding to the following description:
‘Tailoring; taxi-
dermy; bookbinding; dressing, processing and finishing of skins,
leather, furs and textiles; photographic film development and photo-
graphic printing; woodworking; fruit pressing; grain milling; proces-
sing, tempering and finishing of metal surfaces’;

12.4.2008

EN

Official Journal of the European Union

C 92/27

2. Dismisses the action as to the remainder;

3. Orders each of the parties to bear its own costs.

(1) OJ C 249, 14.10.2006.

Judgment of the Court of First Instance of 5 March 2008
— Combescot v Commisssion

(Case T-414/06 P) (1)

(Appeal — Staff cases — Officials — Inadmissibility of the
action before the Civil Service Tribunal — Time-limit for
bringing an action)

(2008/C 92/54)

Language of the case: Italian

Parties

Appellant: Philippe Combescot (Popayán, Colombia) (represented
by: A. Maritati and V. Messa, lawyers)

Order of the Court of First Instance of 22 January 2008 —
Efkon v Parliament and Council

(Case T-298/04) (1)

(Annulment — Directive 2004/52/EC — Interoperability of
electronic road toll systems — Not individually concerned —
Inadmissibility)

(2008/C 92/55)

Language of the case: German

Parties

Applicant: Efkon AG (Graz-Andritz, Austria) (represented by: G.
Zanger, subsequently by M. Novak, lawyers)

Defendants: European Parliament (represented by: U. Rösslein
and A. Neergaard, acting as Agents) and Council of
the
European Union (represented by: A. Lopes Sabino and M. Bauer,
acting as Agents)

in support of

Intervener
the
European Communities (represented by: R. Vidal Puig and G.
Braun, acting as Agents)

the defendants: Commission of

Other party to the proceedings: Commisssion of
the European
Communities (represented by: V. Joris and M. Velardo, Agents,
assisted by S. Corongiu, lawyer)

Re:

Re:

the judgment of

the European Civil Service
Appeal against
Tribunal
(Second Chamber) of 19 October 2006 in Case
F-114/05 Combescot v Commisssion, not yet published in the
ECR, seeking the setting aside of that judgment.

Annulment in its entirety or, in the alternative, in part, of Direc-
tive 2004/52/EC of the European Parliament and of the Council
of 29 April 2004 on the interoperability of electronic road toll
systems in the Community (OJ 2004 L 166, p. 124, corri-
gendum OJ 2004 L 200, p. 50)

Operative part of the judgment

The Court:

1. Dismisses the appeal;

Operative part of the order

1. The action is dismissed as inadmissible.

2. Efkon AG shall bear its own costs and pay those of the Council.

2. Orders Mr Philippe Combescot to bear his own costs and pay those

incurred by the Commission.

3. The Parliament and the Commission shall bear their own costs.

(1) OJ C 42, 24.2.2007.

(1) OJ C 262, 23.10.2004.