Case C-513/07 P: Order of the Court (Sixth Chamber) of 17 October 2008 — AGC Flat Glass Europe SA, formerly Glaverbel SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 7(3) — Figurative mark representing the texture of a glass surface — Refusal of registration — Evidence of distinctive character acquired through use — Target public and territory to be considered)
Date: 2008-10-17
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, General Court (EU), action for annulment (EU), designs and models, glass industry, trade-mark law

C 69/12

EN

Official Journal of the European Union

21.3.2009

Order of the Court of 25 November 2008 — S.A.BA.R.
SpA v Commission of the European Communities

Order of the Court (Sixth Chamber) of 17 October 2008
— AGC Flat Glass Europe SA, formerly Glaverbel SA v
Office for Harmonisation in the Internal Market (Trade
Marks and Designs)

(Case C-501/07 P) (1)

(Appeal — Action for annulment — Time-limit for initiating
proceedings — Starting point)

(2009/C 69/19)

Language of the case: Italian

(Case C-513/07 P) (1)

(Appeal — Community trade mark — Regulation (EC)
No 40/94 — Article 7(3) — Figurative mark representing the
texture of a glass surface — Refusal of registration —
Evidence of distinctive character acquired through use —
Target public and territory to be considered)

(2009/C 69/20)

Language of the case: English

Parties

Appellant: S.A.BA.R. SpA (represented by: E. Coffrini and
F. Tesauro, lawyers)

Parties

Other party to the proceedings: Commission of
Communities (represented by: E. Righini and G. Conte, Agents)

the European

Re:

Appeal lodged against the order of the Court of First Instance
(Fourth Chamber) of 17 September 2007 in Case T-176/07 S.A.
BA.R. v Commission by which the Court of First
Instance
dismissed the application for annulment of the Commission
decision of 5 June 2002 declaring incompatible with the
common market
the aid scheme (C-27/99 ex NN 69/98)
provided for under Italian legislation in the form of tax exemp-
tions and subsidised loans to public utilities with a majority
public capital holding (OJ 2003 L 77, p. 21).

Applicant: AGC Flat Glass Europe SA, formerly Glaverbel SA
(represented by: T. Koerl, lawyer)

Other party to the proceedings: Office for Harmonisation in the
Internal Market
(represented by:
(Trade Marks and Designs)
O. Mondéjar Ortuño, Agent)

Re:

Appeal brought against the judgment of
the Court of First
Instance (Second Chamber) of 12 September 2007 in Case
T-141/06 Glaverbel v OHIM by which the Court dismissed an
action seeking annulment of Decision R 986/2004-4 of the
Fourth Board of Appeal of the Office for Harmonisation in the
Internal Market (OHIM) of 1 March 2006 dismissing the action
brought against the examiner's decision refusing registration of
a figurative mark representing the texture of a glass surface for
certain goods in Classes 19 and 21.

Operative part of the order

1. The appeal is dismissed.

Operative part of the order

1. The appeal is dismissed.

2. S.A.BA.R. SpA is ordered to pay the costs.

2. AGC Flat Glass Europe SA is ordered to pay the costs.

(1) OJ C 37, 9.2.2008.

(1) OJ C 51, 23.2.2008.