Case T-184/07: Judgment of the Court of First Instance of 26 November 2008 — Avon Products OHIM (ANEW ALTERNATIVE) (Community trade mark — Application for the Community word mark ANEW ALTERNATIVE — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94)
Date: 2008-11-26
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), cosmetic product, trade-mark law

24.1.2009

EN

Official Journal of the European Union

C 19/27

Operative part of the judgment

The Court:

Order of the Court of First Instance of 2 December 2008
— Harman International Industries v OHIM — Becker
(Barbara Becker)

1. Annuls the decision of the Second Board of Appeal of the Office for
Harmonisation in the Internal Market (Trade Marks and Designs)
(OHIM) of 20 December 2006 (Case R 1135/2006 2);

2. Orders OHIM to pay the costs.

(1) OJ C 95, 28.4.2007.

(Case T-212/07) (1)

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

(2009/C 19/51)

Language of the case: English

Judgment of the Court of First Instance of 26 November
2008 — Avon Products OHIM (ANEW ALTERNATIVE)

Parties

(Case T-184/07) (1)

(Community trade mark — Application for the Community
word mark ANEW ALTERNATIVE — Absolute ground for
refusal — Lack of distinctive character — Article 7(1)(b) of
Regulation (EC) No 40/94)

(2009/C 19/50)

Language of the case: English

Parties

Applicant: Avon Products, Inc. (New York, New York, United
States)
and
U. Stelzenmüller, lawyers)

C. Heitmann-Lichtenstein

(represented

by:

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks
initially by
S. Laitinen and P. Bullock, and subsequently by G. Schneider,
Agents)

(represented by:

and Designs)

Re:

ACTION brought against the decision of the Second Board of
Appeal of OHIM of 22 March 2007 (Case R 1471/2006 2),
concerning an application for registration as a Community trade
mark of the word mark ANEW ALTERNATIVE.

Operative part of the judgment

The Court:

1. Dismisses the action;

Applicant: Harman International
California, United States)
Barrister)

Industries,

(Northridge,
(represented by: M. Vanhegan,

Inc.

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: Barbara Becker
intervening before
(Miami, Florida, United States) (represented by: P. Baronikians,
lawyer)

the Court of First

Re:

Action brought against the decision of the First Board of Appeal
of OHIM of 7 March 2007 (Case R 502/2006-1) relating to
opposition proceedings between Harman International
Indus-
tries, Inc. and Barbara Becker.

Operative part of the order

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 7 March 2007 (Case R 502/2006-1);

2. Dismisses as inadmissible the application of Harman International
Industries, Inc., requesting that the application for registration of
Barbara Becker as a Community trade mark be rejected;

3. Orders OHIM to bear its own costs and pay the costs of Harman

International Industries;

2. Orders Avon Products, Inc. to pay the costs.

4. Orders Barbara Becker to bear her own costs.

(1) OJ C 170, 21.7.2007.

(1) OJ C 183, 4.8.2007.