Case T-323/05: Judgment of the Court of First Instance of 9 July 2008 — Coffee Store v OHIM (THE COFFEE STORE) (Community trade mark — Application for the Community word mark THE COFFEE STORE — Absolute ground for refusal — Descriptive character — Article 7(1)(c) 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), beverage industry, trade-mark law

15.8.2008

EN

Official Journal of the European Union

C 209/45

Operative part of the judgment

The Court:

Insurance Scheme of the European Communities refusing to pay
100 % of certain medical expenses incurred by the applicant
and an application that the Commission be ordered to pay
certain medical expenses for the applicant.

staple

1. Annuls Article 2 of Council Regulation (EC) No 428/2005 of
10 March 2005 imposing a definitive anti-dumping duty on
imports of polyester
fibres originating in the People's
Republic of China and Saudi Arabia, amending Regulation (EC)
No 2852/2000 imposing a definitive anti-dumping duty on
imports of polyester staple fibres originating in the Republic of
Korea and terminating the anti-dumping proceeding in respect of
such imports originating in Taiwan, to the extent to which the
anti-dumping duty imposed on exports into the European Com-
munity of goods produced and exported by Huvis Corp. exceeds
that which would be applicable if the ‘input’ method, used in the
initial investigation, had been used to calculate the adjustment to
the normal value for import charges and indirect taxes;

2. Dismisses the action as to the remainder;

3. Orders the Council to bear its own costs and to pay 70 % of the

costs incurred by Huvis Corp.;

4. Orders the Commission to bear its own costs.

Operative part of the judgment

The Court:

1. Dismisses the applications;

2. Orders the parties to bear their own costs.

(1) OJ C 257, 15.10.2005.

Judgment of the Court of First Instance of 9 July 2008 —
Coffee Store v OHIM (THE COFFEE STORE)

(1) OJ C 193, 6.8.2005.

(Case T-323/05) (1)

(Community trade mark — Application for the Community
word mark THE COFFEE STORE — Absolute ground for
refusal — Descriptive character — Article 7(1)(c) of Regu-
lation (EC) No 40/94)

Judgment of the Court of First Instance of 9 July 2008 —
Marcuccio v Commission

(Joint Cases T-296/05 and T-408/05) (1)

(2008/C 209/78)

Language of the case: German

(Social security — Applications to have medical expenses paid
the
at 100 % — Implied

rejections

express

and

of

applications)

(2008/C 209/77)

Language of the case: Italian

Parties

Applicant: The Coffee Store GmbH (Mannheim, Germany) (repre-
sented by: M. Buddeberg, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: initially T. Eichen-
berg, and subsequently by G. Schneider, acting as Agents)

Parties

Re:

Applicant: Luigi Marcuccio (Tricase,
Distante initially, then G. Cipressa and L. Garofalo, lawyers)

(represented by: A.

Italy)

Defendant: Commission of the European Communities (repre-
sented by: C. Berardis Kayser and J. Currall, Agents, and A. Dal
Ferro, lawyer)

Action brought against the decision of the Second Board of
Appeal of OHIM of 15 June 2005 (Case R 855/2004-2)
concerning an application for the registration of the word sign
THE COFFEE STORE as a Community trade mark

Re:

Operative part of the judgment

The Court:

Inter alia, an application for annulment of two implied decisions
of the office responsible for settling claims of the Joint Sickness

1. dismisses the action;

C 209/46

EN

Official Journal of the European Union

15.8.2008

2. orders The Coffee Store GmbH to pay the costs.

Judgment of the Court of First Instance of 9 July 2008 —
Audi v OHIM (Vorsprung durch Technik)

(1) OJ C 281, 12.11.2005.

(Case T-70/06) (1)

Judgment of the Court of First Instance of 1 July 2008 —
Apple Computer v OHIM — TKS-Teknosoft (QUARTZ)

(Case T-328/05) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for Community word mark QUARTZ — Earlier Com-
munity figurative mark QUARTZ — Relative ground for
refusal — Likelihood of confusion — Similarity between
goods — Article 8(1)(b) of Regulation (EC) No 40/94)

(2008/C 209/79)

Language of the case: English

Parties

Applicant: Apple Computer, Inc. (Cupertino, California (United-
States) (represented by: P. Rawlinson, S. Jones, J. Rutter and T.M.
D'Souza Culora, solicitors)

(Community trade mark — Application for Community word
mark Vorsprung durch Technik — Absolute ground for
refusal — Lack of distinctive character — Article 7(1)(b) of
Regulation (EC) No 40/94 — Partial refusal to register the
mark by the examiner — Right to a fair hearing)

(2008/C 209/80)

Language of the case: German

Parties

Applicant: Audi AG (Ingolstadt, Germany) (represented by: S.O.
Gillert and F. Schiwek, lawyers)

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

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

Re:

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: TKS-Teknosoft SA
(Trélex, Switzerland) (represented by: C. Moreau, T. van Innis
and K. Manhaeve, lawyers)

Re:

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 27 April 2005 (Case R 416/2004-4)
relating to opposition proceedings between TKS-Teknosoft SA
and Apple Computer, Inc.

Operative part of the judgment

The Court:

1. Dismisses the action

2. Orders Apple Computer Inc. to pay the costs.

Action brought against the decision of the Second Board of
Appeal of OHIM of 16 December 2005 (Case R 237/2005-2)
dismissing in part the appeal against the examiner's decision
refusing registration of the word mark Vorsprung durch Technik
for goods and services in Classes 9, 12, 14, 25, 28, 37 to 40
and 42

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders Audi AG to bear its own costs and to pay those incurred by
the Office for Harmonisation in the Internal Market (Trade Marks
and Designs).

(1) OJ C 281, 18.11.2005.

(1) OJ C 96, 22.4.2006.