Case T-302/06: Judgment of the Court of First Instance of 9 July 2008 — Hartmann v OHIM (E) (Community trade mark — Application for the Community word mark E — Absolute ground for refusal — Lack of distinctive character — Error of law — Lack of real assessment — Article 7(1)(b) of Regulation (EC) No 40/94)
Date: 2008-07-09
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), medical device, trade-mark law

C 209/48

EN

Official Journal of the European Union

15.8.2008

Judgment of the Court of First Instance of 9 July 2008 —
Hartmann v OHIM (E)

Judgment of the Court of First Instance of 9 July 2008 —
Reber v OHIM — Chocoladefabriken Lindt & Sprüngli
(Mozart)

(Case T-302/06) (1)

(Case T-304/06) (1)

(Community trade mark — Application for the Community
word mark ‘E’ — Absolute ground for refusal — Lack of
distinctive character — Error of law — Lack of real assess-
ment — Article 7(1)(b) of Regulation (EC) No 40/94)

(2008/C 209/83)

Language of the case: German

(Community trade mark — Invalidity proceedings — Com-
munity word mark Mozart — Subject-matter of the dispute
— Absolute ground for refusal — Descriptive character —
Obligation to state the reasons on which a decision is based
— Legitimate expectations — Equal treatment — Principle of
legality — Article 7(1)(c), Article 51(1)(a), Article 73, first
sentence, and Article 74(1), first phrase, of Regulation (EC)
No 40/94)

(2008/C 209/84)

Language of the case: German

Parties

Parties

Applicant: Paul Hartmann AG (Heidenheim, Germany)
sented by: K. Gründig-Schnelle, lawyer)

(repre-

Applicant: Paul Reber GmbH & Co. KG (Bad Reichenhall,
Germany) (represented by: O. Spuhler, lawyer)

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

Re:

Action against the decision of the Fourth Board of Appeal of
OHIM of 5 September 2006 (Case R 805/2006-4) concerning
an application for registration of the word mark ‘E’ as a Com-
munity trade mark.

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: Chocoladefabriken
Lindt & Sprüngli AG (Kilchberg, Switzerland) (represented by: R.
Lange and G. Hild, lawyers)

Re:

Action brought against the decision of the second Board of
Appeal of OHIM of 8 September 2006 (Case R 97/2005-2)
relating to entry of Chocoladefabriken Lindt & Sprüngli AG and
Paul Reber GmbH & Co. KG.

Operative part of the judgment

The Court:

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 5 September 2006 (Case R 805/2006-4).

2. Orders OHIM to pay its own costs as well as those of Paul

Hartmann AG.

2. Orders Paul Reber GmbH & Co. KG to pay its own costs and those
of the Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (OHIM).

3. Orders Chocoladefabriken Lindt & Sprungli AG to bear its own

costs.

(1) OJ C 310, 16.12.2006

(1) OJ C 326, 30.12.2006.