Case T-166/06: Order of the Court of First Instance of 29 September 2008 — Powderject Research v OHIM (POWDERMED) (Community trade mark — Application for the Community word mark POWDERMED — Absolute ground for refusal — Descriptiveness — Article 7(1)(b) and (c) of Regulation (EC) No 40/94)
Date: 2008-09-29
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, United Kingdom, medical device, pharmaceutical product, trade-mark law

C 327/24

EN

Official Journal of the European Union

20.12.2008

Defendant: Commission of the European Communities (repre-
sented by: E. de March and L. Flynn, acting as Agents, assisted
by A. Dal Ferro, lawyer)

Re:

First, application for annulment of Commission Decision
C(2003) 2890 final of 13 August 2003 concerning cancellation
of the contribution from the European Regional Development
Fund (ERDF) granted to the applicant by Commission Decision
C(90) 2363 025 of 14 December 1990 in respect of an infra-
structure project in Sicily and the recovery of the sums already
paid by the Commission in connection with that contribution;
secondly, application for annulment of Commission debit note
No 3240504102 of 26 September 2003; and, thirdly, annul-
ment of any other connected or prior measure

Operative part of the order

1. The action is dismissed as inadmissible.

2. Regione Siciliana is ordered to pay the costs.

(1) OJ C 304, 13.12.2003.

Operative part of the order

1. There is no need to adjudicate on the action.

2. The Commission is ordered to pay all of the costs.

(1) OJ C 168, 26.6.2004.

Order of the Court of First Instance of 29 September 2008
— Powderject Research v OHIM (POWDERMED)

(Case T-166/06) (1)

(Community trade mark — Application for the Community
word mark POWDERMED — Absolute ground for refusal —
Descriptiveness — Article 7(1)(b) and (c) of Regulation (EC)
No 40/94)

(2008/C 327/45)

Language of the case: English

Order of the Court of First Instance of 12September 2008
— Stephens v Commission

Parties

(Case T-139/04) (1)

(Staff cases — Officials — Interlocutory judgment — No
need to adjudicate)

(2008/C 327/44)

Language of the case: French

Applicant: Powderject Research Ltd (Oxford, United Kingdom)
(represented by: A. Bryson, Barrister, and P. Brownlow, Solicitor)

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

Parties

Re:

Applicant: Kelvin William Stephens (Brussels, Belgium) (repre-
sented by: N. Lhoëst, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: J. Currall and H. Krämer, acting as Agents, assisted by
B. Wägenbaur, lawyer)

Re:

First, application for annulment of the decision of the Commis-
sion of 14 April 2003 altering the applicant's classification in
grade,
in so far as it establishes his classification in step on
recruitment as Grade A6, step 1, establishes 5 October 1995 as
the date on which the decision takes financial effect and failed
to reconstitute the applicant's career in grade and application
for
applicant's
complaint; secondly, claim for compensation in respect of the
alleged damage resulting from that decision

the decision rejecting the

annulment of

Action brought against the decision of the Second Board of
Appeal of OHIM of 12 April 2006 (Case R 1189/2005-2)
concerning an application for registration of
the word sign
POWDERMED as a Community trade mark.

Operative part of the order

1. The action is dismissed.

2. Powderject Research Ltd shall pay the costs.

(1) OJ C 190, 12.8.2006.