Case T-405/05: Order of the Court of First Instance of 15 October 2008 — Powerserv Personalservice v OHIM — Manpower (MANPOWER) (Community trade mark — Invalidity proceedings — Community word mark MANPOWER — Absolute grounds for refusal — Descriptive character — Partial alteration — Distinctive character acquired through use — Article 7(1)(c), Article 51(1) and (2) and Article 63(3) of Regulation (EC) No 40/94)
Date: 2008-10-15
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law

C 313/28

EN

Official Journal of the European Union

6.12.2008

Judgment of the Court of First Instance of 15 October
2008 — Le Canne v Commission

Order of the Court of First Instance of 15 October 2008 —
v OHIM — Manpower
Powerserv

Personalservice

(Case T-375/05) (1)

(Agriculture — Community financial assistance — Financial
irregularity vitiating the request for payment of the balance
— Decision to reduce the assistance — Expiry of the limita-
tion period — Action for annulment and damages)

(2008/C 313/48)

Language of the case: French

(MANPOWER)

(Case T-405/05) (1)

(Community trade mark — Invalidity proceedings — Com-
munity word mark MANPOWER — Absolute grounds for
refusal — Descriptive character — Partial alteration —
Distinctive character acquired through use — Article 7(1)(c),
Article 51(1) and (2) and Article 63(3) of Regulation (EC)
No 40/94)

(2008/C 313/49)

Language of the case: German

Parties

Applicant: Azienda Agricola ‘Le Canne’ Srl (Rovigo, Italy) (repre-
sented by: G. Carraro and F. Mazzonetto, lawyers)

Parties

Defendant: Commission of the European Communities (repre-
sented by: C. Cattabriga and L. Visaggio, Agents, and A. Dal
Ferro, lawyer)

Re:

Application to annul Decision C(2005) 2939 of 26 July 2005
reducing the outstanding balance of Community financial assis-
tance granted to the application for the modernisation and
renovation of
its fish farm facilities and an application for
compensation for harm arising from that reduction.

Operative part of the judgment

The Court:

1. Annuls Commission Decision C(2005) 2939 of 26 July 2005 in
so far as it reduces the Community financial assistance granted to
Azienda Agricola ‘Le Canne’ Srl for project IT/0016/90/02 on
account of the imputation to the eligible expenditure to that assis-
tance of the profit made by Giradello SpA for the performance of
works related to that project.;

2. Dismisses the action for damages

3. Orders the Commission to pay the costs.

(1) OJ C 296, 26.11.2005.

Applicant: Powerserv Personalservice GmbH, formerly Manpower
Personalservice GmbH (Sankt Pölten, Austria) (represented by: B.
Kuchar, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM,
and intervener before the Court of First Instance: Manpower, Inc.
(Milwaukee, Wisconsin, United States) (represented initially by:
R. Moscona, Solicitor, subsequently by R. Moscona and A.
Bryson, Barrister, and lastly by A. Bryson and V. Marsland, Soli-
citor)

Re:

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 22 July 2005 (Case R 499/2004-4) relating
to an application for a declaration that Community trade mark
No 76059, MANPOWER, is invalid.

Operative part of the order

1. Alters the Decision of the Fourth Board of Appeal of the Office for
Harmonisation in the Internal Market (Trade Marks and Designs)
(OHIM) of 22 July 2005 in Case R 499/2004-4 relating to an
application for a
trade mark
No 76059, MANPOWER, is invalid, to the effect that that trade
mark is not descriptive,
in the Netherlands, Sweden, Finland or
Denmark, of the goods and services for which it was registered. The
operative part of that decision is maintained.

declaration that Community

2. Dismisses, as to the remainder, the application by Manpower Inc.
seeking alteration of the above decision of the Board of Appeal of
OHIM.

6.12.2008

EN

Official Journal of the European Union

C 313/29

3. Dismisses the action.

4. Orders Powerserv Personalservice GmbH to pay the costs.

Judgment of the Court of First Instance of 23 October
2008 — TIM and TTV v OHIM — PAST PERFECT

(1) OJ C 22, 28.1.2006.

Judgment of the Court of First Instance of 21 October
2008 — Cassegrain v OHIM (Shape of a bag)

(Case T-73/06) (1)

(Community trade mark — Application for a Community
figurative mark — Shape of a bag — Absolute ground for
refusal — Lack of distinctive character — Article 7(1)(b) of
Regulation (EC) No 40/94)

(2008/C 313/50)

Language of the case: French

Parties

Applicant: Jean Cassegrain SAS (Paris, France) (represented by: Y.
Coursin and T. van Innis, lawyers)

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

(represented by: A.

and Designs)

Re:

Action brought against the decision of the Second Board of
Appeal of OHIM of 8 December 2005 (Case R 687/2005-2)
concerning the registration of the figurative sign Shape of a bag
as a Community trade mark.

(Case T-133/06) (1)

(Community trade mark — Invalidity proceedings — Com-
munity word mark PAST PERFECT — Rejection of the appli-
cation for a declaration of invalidity — Article 7(1)(b), (c)
and (d) of Regulation (EC) No 40/94 — Article 7(2))

(2008/C 313/51)

Language of the case: English

Parties

Applicants: TIM The International Music Company AG and TTV
Tonträger-Vertrieb-2000 GmbH (Hamburg, Germany)
(repre-
sented initially by J. Wendt and G. Kukuk, and subsequently by
J. Wendt, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM
Instance: Past Perfect Ltd
intervening before the Court of First
(Bucknell, Oxfordshire, United Kingdom)
(represented initially
by S. Disraeli, and subsequently by K. Tinkler, Solicitors)

Re:

Action brought against the decision of the First Board of Appeal
of OHIM of 3 February 2006 (Case R 150/2005-1), relating to
invalidity proceedings between TIM The International Music
Company AG and TTV Tonträger-Vertrieb-2000 GmbH, on the
one hand, and Past Perfect Ltd, on the other.

Operative part of the judgment

Operative part of the judgment

The Court:

The Court:

1. Dismisses the action;

2. Orders Jean Cassegrain SAS to pay the costs.

1. Dismisses the action;

2. Orders TIM The International Music Company AG and TTV

Tonträger-Vertrieb-2000 GmbH to pay the costs.

(1) OJ C 108, 6.5.2006.

(1) OJ C 154, 1.7.2006.