Case T-205/06: Judgment of the Court of First Instance of 22 May 2008 — NewSoft Technology v OHIM — Soft (Presto! BizCard Reader) (Community trade mark — Invalidity proceedings — Community word mark Presto! BizCard Reader — Earlier national figurative marks Presto — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94)
Date: 2008-05-22
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), information technology industry, scanner, trade-mark law

5.7.2008

EN

Official Journal of the European Union

C 171/31

COURT OF FIRST INSTANCE

Designation of the Judge replacing the President as the
Judge hearing applications for interim measures

Operative part of the judgment

(2008/C 171/54)

On 12 June 2008, the Court of First Instance decided to amend
the decision of 19 September 2007 in consequence of the resig-
nation of Judge Cooke and, in accordance with Article 106 of
the Rules of Procedure, to designate Judge Papasavvas to replace
the President of the Court for the purpose of deciding applica-
tions
is absent or
prevented from dealing with them,
in respect of the period
from 1 July 2008 to 30 June 2009.

interim measures where the latter

for

1. Annuls the decision of

the European Union of
the Council of
13 October 2004 to reject the tenders of Belfass SPRL submitted
under tender procedure UCA-033/04, in so far as that decision
rejected Belfass' offer with respect to Lot No 2;

2. Dismisses the action as to the remainder;

3. Orders each party to bear its own costs.

(1) OJ C 57, 5.3.2005.

Judgment of the Court of First Instance of 21 May 2008 —
Belfass v Council

(Case T-495/04) (1)

(Public procurement — Community tender procedure —
Obvious clerical error — Award to the tender offering best
value for money — Abnormally low tender — Article 139(1)
of Regulation (EC, Euratom) No 2342/2002 — Plea of
illegality — Specifications — Admissibility)

(2008/C 171/55)

Language of the case: French

Judgment of the Court of First Instance of 22 May 2008 —
NewSoft Technology v OHIM — Soft (Presto! BizCard
Reader)

(Case T-205/06) (1)

(Community
trade mark — Invalidity proceedings —
Community word mark Presto! BizCard Reader — Earlier
national
figurative marks Presto — Relative ground for
refusal — Likelihood of confusion — Article 8(1)(b) and
Article 52(1)(a) of Regulation (EC) No 40/94)

(2008/C 171/56)

Language of the case: German

Parties

Applicant: Belfass SPRL (Forest, Belguim)
L. Vogel, lawyer)

(represented by:

Parties

Defendant: Council of
B. Driessen and A. Vitro, Agents)

the European Union (represented by:

Re:

first,

for the annulment of

Application,
the
Council of the European Union of 13 October 2004 to reject
both the tenders submitted by the applicant under tender proce-
dure UCA-033/04 and, secondly, for compensation in respect of
the damage allegedly suffered by the applicant by reason of the
Council's conduct.

the decision of

Applicant: NewSoft Technology Corp.
(repre-
sented by: M. Dirksen-Schwanenland, U. von Sothen and M. Di
Stefano, lawyers)

(Taipei, Taiwan)

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
intervening before the Court of First
Instance: Soft, SA (Madrid,
Spain)
(represented by: A. Velázquez Ibáñez and P. Merino
Baylos, lawyers)

C 171/32

EN

Official Journal of the European Union

5.7.2008

Re:

Operative part of the judgment

Action brought against the decision of the Second Board of
Appeal of OHIM of 19 May 2006 (Case R 601/2005-2) relating
to invalidity proceedings between Soft, SA and NewSoft Tech-
nology Corp.

Operative part of the judgment

1. The action is dismissed.

2. NewSoft Technology Corp. is ordered to pay the costs.

(1) OJ C 237, 30.9.2006.

The Court:

1. The order of

the Civil Service Tribunal

(Second Chamber) of
30 June 2006 Ott and Others v Commission is annulled in so far
as it dismissed the action brought by Mr Francis Weiler;

2. For the rest, the appeal is dismissed;

3. The cross-appeal is dismissed;

4. The action brought before the Civil Service Tribunal as Case
F-87/05 is dismissed in so far as it was brought by Mr Francis
Weiler;

5. Mr Martial Ott, Mr Fernando Lopez Tola and Mr Francis Weiler
shall bear their own costs in relation to the present instance and
four fifths of the costs incurred by the Commission. The Commis-
sion shall bear one fifth of its own costs in relation to the present
instance;

6. Mr Francis Weiler and the Commission shall bear their own costs
in relation to the proceedings before the Civil Service Tribunal.

Judgment of the Court of First Instance of 22 May 2008 —
Ott and Others v Commission

(1) OJ C 281 of 18.11.2006.

(Case T-250/06 P) (1)

(Appeal — Cross-appeal — Admissibility — Civil Service —
Officials — Promotion — Promotion for 2004 — Allocation
of promotion points — General Implementing Provisions of
Article 45 of the Staff Regulations — Plea of illegality —
Substitution of grounds — Appeal, in part, manifestly inad-
in part, manifestly unfounded — Dispute
missible and,

capable of being decided — Dismissal of the action)

(2008/C 171/57)

Language of the case: French

Parties

Applicants: Martial Ott
(Oberanven, Luxembourg); Fernando
Lopez Tola (Luxembourg, Luxembourg); and Francis Weiler
(Itzig, Luxembourg) (represented by: F. Frabetti, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: C. Berardis-Kayser and D. Martin, agents)

Judgment of the Court of First Instance of 22 May 2008 —
Radio Regenbogen Hörfunk in Baden v OHIM (RadioCom)

(Case T-254/06) (1)

(Community trade mark — Application for Community word
mark RadioCom — Absolute ground for refusal — Descrip-
tive character — Article 7(1)(c) of Regulation (EC) No 40/94)

(2008/C 171/58)

Language of the case: German

Parties

Applicant: Radio Regenbogen Hörfunk in Baden Geschäftsfür-
(represented by: W.
hungs-GmbH (Mannheim, Germany)
Göpfert, lawyer)

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

Re:

Re:

Appeal against the order of the Civil Service Tribunal of the
European Union (Second Chamber) of 30 June 2006 Ott and
Others v Commission (Case F-87/05, not yet published in the
ECR) seeking the annulment of that order.

Action brought against the decision of the First Board of Appeal
of OHIM of 7 July 2006 (Case R 1266/2005-1) concerning an
application for registration of thee word mark RadioCom as a
Community trade mark.