Case T-325/07: Judgment of the Court of First Instance of 25 November 2008 — Caisse fédérale du Crédit mutuel Centre-Est Europe v OHIM (SURFCARD) (Community trade mark — Application for Community word mark SURFCARD — Absolute ground for refusal — Partially descriptive character — Article 7(1)(c) of Regulation (EC) No 40/94)
Date: 2008-11-25
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), bank, expansion card, trade-mark law, transmission network

10.1.2009

EN

Official Journal of the European Union

C 6/27

Judgment of the Court of First Instance of 12 November
2008 — ecoblue v OHIM — Banco Bilbao Vizcaya
Argentaria (Ecoblue)

Defendant: B2 Test SA (Gardanne, France)
M. Baffert, lawyer)

(represented by:

(Case T-281/07) (1)

Re:

(Community trade mark — Opposition proceedings — Appli-
cation for the Community word mark Ecoblue — Earlier Com-
munity word mark BLUE — Relative ground for refusal —
confusion — Similarity of
signs —
Likelihood of
Article 8(1)(b) of Regulation (EC) No 40/94)

the

Application under Article 238 EC seeking to obtain repayment
of the balance of the advance paid by the European Community,
the
plus late-payment interest thereon,
contract BRST-CT-98-5452, and the payment of damages with
interest.

in the framework of

(2009/C 6/54)

Language of the case: English

Parties

Operative part of the judgment

The Court:

Applicant: ecoblue AG (Munich-Bogenhausen, Germany) (repre-
sented by: C. Osterrieth and T. Schmitz, lawyers)

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

1. Orders B2 Test SA to repay to the Commission the principal sum
of EUR 43 437,94, increased by late-payment interest at the stat-
utory annual rate applicable in France, from 31 July 2002 until
the debt has been paid in full;

2. Dismisses the action as to the remainder;

Other party to the proceedings before the Board of Appeal of OHIM:
Banco Bilbao Vizcaya Argentaria, SA (Madrid, Spain)

3. Orders B2 Test to pay the costs.

Re:

Action brought against the decision of the First Board of Appeal
of OHIM of 25 April 2007 (Case R 844/2006-1), concerning
opposition proceedings between Banco Bilbao Vizcaya Argen-
taria, SA and ecoblue AG.

(1) OJ C 269, 10.11.2007.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders ecoblue AG to pay the costs.

(1) OJ C 235, 6.10.2007.

Judgment of the Court of First Instance of 25 November
2008 — Caisse fédérale du Crédit mutuel Centre-Est
Europe v OHIM (SURFCARD)

(Case T-325/07) (1)

(Community trade mark — Application for Community word
mark SURFCARD — Absolute ground for refusal — Partially
descriptive character — Article 7(1)(c) of Regulation (EC)
No 40/94)

(2009/C 6/56)

Language of the case: French

Judgment of the Court of First Instance of 19 November
2008 — Commission v B2 Test

(Case T-317/07) (1)

Parties

(Arbitration clause — Contract concluded in the framework of
the specific programme for research and technological develop-
ment, including demonstration, in the field of industrial and
materials technologies (1994-1998) — Breach of contract —
Repayment of balance of advance paid by the Commission)

(2009/C 6/55)

Language of the case: French

Applicant: Caisse fédérale du Crédit mutuel Centre-Est Europe
(CFCMCEE)
(represented by: P. Greffe,
J. Schouman and L. Paudrat, lawyers)

(Strasbourg, France)

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

(represented by: A.

and Designs)

Parties

Applicant: Commission of the European Communities (repre-
sented by: L. Escobar Guerrero, Agent, assisted by E. Boutier and
J. Marthan, lawyers)

Action brought against the decision of the First Board of Appeal
of OHIM of 14 June 2007 (Case R 1130/2006-1) concerning
an application for registration of the word sign SURFCARD as a
Community trade mark.

Re:

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