Case T-373/07: Judgment of the Court of First Instance of 12 November 2008 — EOS v OHIM (PrimeCast) (Community trade mark — Application for Community word mark PrimeCast — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 40/94)
Date: 2008-11-12
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law

C 6/28

EN

Official Journal of the European Union

10.1.2009

Operative part of the judgment

The Court:

to an application for registration of the word mark EASYCOVER
as a Community trade mark

1. Annuls the decision of the First Board of Appeal of the Office for
Harmonisation in the Internal Market (Trade Marks and Designs)
(OHIM) of 14 June 2007 (Case R 1130/2006-1) to the extent
that it refuses the registration as a Community trade mark of the
word sign SURFCARD for ‘magnetic data media, optical data
media’ falling within Class 9 and ‘credit card services, debit card
services’ falling within Class 36 of the Nice Agreement concerning
the
the International Classification of Goods and Services for
Purposes of the Registration of Marks of 15 June 1957, as revised
and amended.

2. Dismisses the action as to the remainder.

3. Orders the Caisse fédérale du Crédit mutuel Centre-Est Europe

(CFCMCEE) and OHIM to bear their own costs.

Operative part of the judgment

The Court:

1. Annuls the decision of the Fourth Board of Appeal of the Office
for Harmonisation in the Internal Market
(Trade Marks and
Designs) (OHIM) of 3 July 2007 (Case R 1065/2005 4) in so
far as concerns goods in the category ‘monuments, not of metal’;

2. Dismisses the action as to the remainder;

3. Orders Duro Sweden AB to bear its own costs and to pay three-
quarters of OHIM's costs. OHIM is ordered to pay one quarter of
its own costs.

(1) OJ C 269, 10.11.2007.

(1) OJ C 269, 10.11.2007.

Judgment of the Court of First Instance of 13 November
2008 — Duro Sweden v OHIM (EASYCOVER)

Judgment of the Court of First Instance of 12 November
2008 — EOS v OHIM (PrimeCast)

(Case T-346/07) (1)

(Case T-373/07) (1)

(Community trade mark — Application for the Community
word mark EASYCOVER — Absolute grounds for refusal —
Article 7(1)(b) and (c) of Regulation (EC) No 40/94 —
Article 73 of Regulation No 40/94)

(Community trade mark — Application for Community word
mark PrimeCast — Absolute grounds
refusal —
Descriptive character — Lack of distinctive character —
Article 7(1)(b) and (c) of Regulation (EC) No 40/94)

for

(2009/C 6/57)

Language of the case: English

(2009/C 6/58)

Language of the case: German

Parties

Applicant: Duro Sweden AB (Gävle, Sweden)
R. Bird, Solicitor)

(represented by:

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)
(represented by: P. Bullock and
D. Botis, Agents)

Parties

Applicant: EOS GmbH Electro Optical Systems
Germany) (represented by: M. Mentjes, lawyer)

(Krailling,

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

Re:

ACTION brought against the decision of the Fourth Board of
Appeal of OHIM of 3 July 2007 (Case R 1065/2005-4) relating

Re:

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 20 July 2007 (Case R 333/2005-4)
concerning an application for registration of the word mark
PrimeCast as a Community trade mark

10.1.2009

EN

Official Journal of the European Union

C 6/29

Operative part of the judgment

The Court:

1. Dismisses the application;

2. orders EOS GmbH Electro Optical Systems to pay the costs.

(1) OJ C 283, 24.11.2007.

Order of the Court of First Instance of 13 November 2008
— Lemaître Sécurité v Commission

(Case T-301/06) (1)

(Action for annulment — Dumping — Imports of footwear
with a protective toecap originating in the People's Republic
of China and India — Commission Decision closing the anti-
dumping proceeding — Not individually concerned — Mani-
fest inadmissibility)

(2009/C 6/60)

Language of the case: French

Judgment of the Court of First Instance of 12 November
2008 — GretagMacbeth v OHIM (Combination of
24 coloured squares)

(Case T-400/07) (1)

Parties

(Community trade mark — Application for Community colour
mark — Combination of 24 coloured squares — Absolute
refusal — Lack of distinctive character —
ground for

Article 7(1)(b) of Regulation (EC) No 40/94)

(2009/C 6/59)

Language of the case: German

Applicant: Lemaître Sécurité SAS (La Walck, France) (represented
by: D. Bollecker, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: H. van Vliet and C. Giolito, acting as Agents)

in support of

Intervener
the applicant: Associazione nazionale
calzaturifici italiani (Milan, Italy) (represented by: D. Bollecker,
lawyer)

Parties

Applicant: GretagMacbeth LLC (New Windsor, New York, United
States) (represented by: J. Weiser, lawyer)

Re:

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

Re:

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 30 August 2007 (Case R 30/2007-4)
concerning an application for registration as a Community trade
mark of a colour sign composed of 24 coloured squares

Operative part of the judgment

The Court:

1. Dismisses the application;

2. orders GretagMacbeth LLC to pay the costs.

Annulment of Commission Decision No 2006/582/EC of
28 August 2006 terminating the anti-dumping proceeding
concerning imports of footwear with a protective toecap, origin-
ating in the People's Republic of China and India (OJ 2006
L 234, p. 33)

Operative part of the order

1. The action is dismissed as manifestly inadmissible.

2. Lemaître Sécurité SAS shall bear its own costs and pay those

incurred by the Commission.

3. Associazione nazionale calzaturifici italiani shall bear its own costs.

(1) OJ C 315, 22.12.2007.

(1) OJ C 326, 30.12.2006.