Case T-248/05: Judgment of the Court of First Instance of 24 September 2008 — HUP Uslugi Polska v OHIM — (I.T.@MANPOWER) (Community trade mark — Invalidity proceedings — Communityword mark I.T.@MANPOWER — Absolute grounds for refusal — Distinctive character — Lack of descriptive character — No signs or indications which have become customary — Not a trade mark of such a nature as to deceive the public — Article 7(1)(b), (c), (d) and (g) and Article 51(1)(a) of Regulation (EC) No 40/94)
Date: 2008-09-24
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), temporary employment agency, trade-mark law

C 285/34

EN

Official Journal of the European Union

8.11.2008

Judgment of the Court of First Instance of 18 September
2008 — Angé Serrano and Others v Parliament

5. Orders the Council to bear its own costs.

(Case T-47/05) (1)

(1) OJ C 93, 16.4.2005.

(Staff case — Officials — Success in internal competitions
for change of category under the Staff Regulations — Entry
into force of the new Staff Regulations — Transitory rules for
classification in grade — Changes to levels of hierarchy under
the old Staff Regulations — Admissibility — Plea of illegality
— Acquired rights — Legitimate expectations — Proportion-
ality — Equal treatment — Principle of sound administration
and duty of care)

(2008/C 285/60)

Language of the case: French

Parties

Applicants: Pilar Angé Serrano (Luxembourg, Luxembourg), Jean-
Marie Bras (Luxembourg), Dominiek Decoutere (Wolwelange,
Luxembourg), Armin Hau (Luxembourg), Adolfo Orcajo Teresa
(Brussels, Belgium) and Francisco Javier Solana Ramos (Brussels),
represented by É. Boigelot, lawyer.

Defendant: European Parliament
initially, L.
Knudsen, A. Bencomo Weber and K. Zejdova, and subsequently
by L. Knudsen and K. Zejdova)

(represented by:

Intervener in support of the form of order sought by the defendant:
Council of the European Union (represented by: M. Sims and I.
Sulce, and subsequently I. Sulce and M. Sims, acting as Agents)

Re:

the

individual

annulment of

Application for
decisions
containing the applicants' classification in the intermediate
grade from 1 May 2004 and communicated to them, by letter
from the Director General for Personnel of the European Parlia-
ment, during the first week of May 2004, and of any act conse-
cutive to and/or relating to those decisions, even ones adopted
subsequent to the present action, and an application to order
the European Parliament to pay damages and interest.

Operative part of the judgment

The Court:

1. Finds that there is no need to adjudicate in respect of Angé Serrano
and Bras and Orcajo Teresa as regards the first head of claim;

Judgment of the Court of First Instance of 24 September
2008 — HUP Uslugi Polska v OHIM — (I.T.@MANPOWER)

(Case T-248/05) (1)

(Community trade mark — Invalidity proceedings — Commu-
nityword mark ‘I.T.@MANPOWER’ — Absolute grounds for
refusal — Distinctive character — Lack of descriptive char-
acter — No signs or indications which have become customary
— Not a trade mark of such a nature as to deceive the public
— Article 7(1)(b), (c), (d) and (g) and Article 51(1)(a) of
Regulation (EC) No 40/94)

(2008/C 285/61)

Language of the case: English

Parties

Applicant: HUP Uslugi Polska sp. z o.o., formerly HP Temporär-
personalgesellschaft mbH (Czeladz, Poland)
(represented by:
M. Ciresa, lawyer)

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

(represented by: A.

and Designs)

Other party to the proceedings before the Board of Appeal of OHIM
Inc.
intervening before
(Milwaukee, Wisconsin, United
by:
R. Moscona and V. Marsland, Solicitors, and A. Bryson,
Barrister)

Instance: Manpower
(represented

the Court of First

States)

Re:

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 5 April 2005 (Case R 124/2004-4)
concerning invalidity proceedings between MP Temporärper-
sonal GmbH and Manpower Inc.

Operative part of the order

The Court:

1. Dismisses the action;

2. Dismisses the remainder of the application;

2. Orders HUP Uslugi Polska sp. z o.o. to pay the costs.

3. Orders the European Parliament to bear its own costs and to pay

those incurred by Angé Serrano and Bras and Orcajo;

(1) OJ C 217, 3.9.2005.

4. Orders Dominiek Decoutere, Armin Hau and Francisco Javier

Solana to bear their own costs;