Case T-224/07: Judgment of the Court of First Instance of 10 October 2008 — Imperial Chemical Industries v OHIM (LIGHT & SPACE) (Community trade mark — Application for registration of Community word mark LIGHT & SPACE — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94)
Date: 2008-10-10
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), painting, trade-mark law

22.11.2008

EN

Official Journal of the European Union

C 301/33

Re:

1. Dismisses the action;

Appeal against
the judgment of
the European Union Civil
(Third Chamber) of 13 December 2006 in
Service Tribunal
Case F-22/05 Neophytou v Commission [2006] ECR-SC II-A-1-
617 seeking to have that judgment set aside.

2. Orders Agrar-Invest-Tatschl GmbH to bear the costs.

(1) OJ C 95, 28.4.2007.

Operative part of the judgment

The Court:

1. Sets aside the judgment of

the European Union Civil Service
Tribunal of 13 December 2006 in Case F-22/05 Neophytou v
Commission to the extent that the Civil Service Tribunal held that
the submissions, with the exception of the last, put forward by
Mr Neophytos Neophytou at
instance and
summarised in paragraph 27 of that judgment, were inadmissible;

the hearing at

first

2. Dismisses the remainder of the appeal;

3. Refers the case back to the Civil Service Tribunal;

4. Orders that the costs be reserved.

(1) OJ C 82, 14.4.2007.

Judgment of the Court of First Instance of 8 October 2008
— Agrar-Invest-Tatschl v Commission

(Case T-51/07) (1)

(Post-clearance recovery of import duties — Sugar originating
from Croatia — Article 220(2)(b) of Regulation (EEC)
No 2913/92 — Notice to importers published in the Official
Journal — Good faith)

Judgment of the Court of First Instance of 10 October
v OHIM
2008 — Imperial Chemical

Industries

(LIGHT & SPACE)

(Case T-224/07) (1)

(Community trade mark — Application for registration of
Community word mark LIGHT & SPACE — Absolute ground
for refusal — Lack of distinctive character — Article 7(1)(b)
of Regulation (EC) No 40/94)

(2008/C 301/54)

Language of the case: English

Parties

Imperial Chemical

Applicant:
Industries plc (London, United
Kingdom) (represented by: initially by S. Malynicz, Barrister and
V. Chandler, Solicitor
and subsequently by S. Malynicz,
J. Bainbridge and K. Briggs, Solicitors)

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

(represented by: A.

and Designs)

(2008/C 301/53)

Language of the case: German

Re:

Parties

Applicant: Agrar-Invest-Tatschl GmbH (St. Andrä im Lavanttal,
Austria)
(represented by: U. Schrömbges and O. Wenzlaff,
lawyers)

Defendant: Commission of the European Communities (repre-
sented by: A. Alcover San Pedro and S. Schønberg, acting as
Agents, assisted by B. Wägenbaur, lawyer)

Re:

ACTION for annulment
C(2006) 5789 final of 4 December 2006.

in part of Commission Decision

Operative part of the judgment

The Court:

the decision of

the First Board of
Action brought against
Appeal of
the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) of 30 March 2007 (Case
R 1631/2006-1) concerning registration of the sign LIGHT &
SPACE as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Imperial Chemical Industries plc to pay the costs.

(1) OJ C 199, 25.8.2007.