Case T-295/08: Action brought on 23 July 2008 — CPS Color Group v OHIM — Fema Farben und Putze (TEMACOLOR)
Date: 2008-07-23
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), dyestuffs industry, trade-mark law

27.9.2008

EN

Official Journal of the European Union

C 247/19

Form of order sought

Form of order sought

— Annul the decision of the Fourth Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) of 29 May 2008 in Case R 318/2008-4, noti-
fied on 2 June 2008;

— Order the defendant to pay the costs.

— Annul the decision of the First Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) of 7 May 2008 in case R 808/2007-1; and

— Order the defendant and the other party to the proceedings

before the Board of Appeal to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘Deutsche BKK’
for services in Classes 36, 41 and 44 (application No 4 724 894).

Decision of the Examiner: Refusal of the application.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law:

— Infringement of Article 73 of Regulation (EC) No 40/94 (1)
due to the rejection of documents without the possibility for
prior comments;

— Infringement of the first sentence of Article 4(1) of Regu-
lation No 40/94 due to the Office's improper investigation
of the facts;

— Infringement of Article 7(1)(b) and (c) of Regulation
No 40/94 due to denial of protection for the mark ‘Deutsche
BKK’ because of absolute grounds for refusal of protection
for the mark;

— Infringement of Article 7(3) of Regulation No 40/94 due to
refusal to recognise distinctive character in consequence of
use.

(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 23 July 2008 — CPS Color Group v
OHIM — Fema Farben und Putze (TEMACOLOR)

(Case T-295/08)

(2008/C 247/37)

Language in which the application was lodged: English

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The word mark ‘TEMACOLOR’
for goods in class 2

Proprietor of the mark or sign cited in the opposition proceedings: The
other party to the proceedings before the Board of Appeal

Mark or sign cited: German trade mark registration No 2 104 061
of the word mark ‘FEMA-Color’ for goods in class 2; interna-
tional trade mark registration No 691 406 of the word mark
‘FEMA-Color’ for goods in class 2

Decision of the Opposition Division: Upheld the opposition in its
entirety

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: The Board of Appeal erred in law in determining
that
in
the conflicting trade marks are confusingly similar,
breach of Article 8(1)(b) of Council Regulation 40/94.

Action brought on 28 July 2008 — Berliner Institut für
the
Vergleichende Sozialforschung v Commission of

European Communities

(Case T-296/08)

(2008/C 247/38)

Language of the case: German

Parties

Applicant: Berliner Institut für Vergleichende Sozialforschung eV
(Berlin, Germany) (represented by: U. Claus,
lawyer, acting as
Agent)

Defendant: Commission of the European Communities

Parties

Form of order sought

Applicant: CPS Color Group Oy (Vantaa, Finland) (represented
by: P. Hagman, lawyer)

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

Other party to the proceedings before the Board of Appeal: Fema
Farben und Putze GmbH (Ettlingen, Germany)

— Annul the Commission Decision of 23 May 2008 defini-
tively granting a payment under the ‘Integration indicators
and generation change’ programme on the basis of
the
financing arrangement JLS/2004/INTI/077, insofar as appli-
cant's application for a final payment of EUR 59 592,77,
exceeding the authorised amount, was rejected;

— order the Commission to pay the costs.