Case T-435/07: Judgment of the Court of First Instance of 26 November 2008 — New Look v OHIM (NEW LOOK) (Community trade mark — Application for the Community word mark NEW LOOK — Absolute ground for refusal — Lack of distinctive character acquired through use — Article 7(3) 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), trade-mark law

C 19/28

EN

Official Journal of the European Union

24.1.2009

Judgment of the Court of First Instance of 2 December
2008 — Ebro Puleva v OHIM — Berenguel (BRILLO'S)

Judgment of the Court of First Instance (First Chamber) of
26 November 2008 — OHIM v López Teruel

(Case T-275/07) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for Community word mark BRILLO'S — Earlier
national
featuring the word element
‘brillante’ — Relative ground for refusal — Likelihood of
confusion — Similarity of the signs — Article 8(1)(b) of
Regulation (EC) No 40/94)

figurative marks

(Case T-284/07 P) (1)

(Appeal — Staff cases — Officials — Admissibility — Inva-
lidity — Application for an Invalidity Committee to be
the Appointing
convened — Circumscribed powers

of

Authority)

(2009/C 19/53)

Language of the case: French

(2009/C 19/52)

Parties

Language of the case: Spanish

Parties

Applicant: Ebro Puleva, SA (Madrid, Spain) (represented by: P.
Casamitjana Lleonart, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: Luis Berenguel, SL (El
by: C. Hernández
Barranquete-Níjar,
Hernández)

(represented

Spain)

Appellant: Office for Harmonisation in the Internal Market
I. de
(Trade Marks and Designs)
Medrano Caballero and E. Maurage, Agents)

(represented by:

(OHIM)

Other party to the proceedings: Adelaida López Teruel (Guadalajara,
Spain) (represented by:
initially L. Levi and C. Ronzi, then L.
Levi, lawyers)

Re:

Appeal against the judgment of the Civil Service Tribunal of the
European Union (First Chamber) of 22 May 2007 in Case
F-97/06 López Teruel v OHIM, not yet published in the ECR,
asking for that judgment to be set aside.

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders the Office for Harmonisation in the Internal Market (Trade

Marks and Designs) (OHIM) to pay the costs.

Re:

(1) OJ C 211, 8.9.2007.

Action brought against the decision of the Second Board of
Appeal of OHIM of 21 May 2007 (Case R 493/2006-2)
concerning opposition proceedings between Ebro Puleva, SA
and Luis Berenguel, SL.

Judgment of the Court of First Instance of 26 November
2008 — New Look v OHIM (NEW LOOK)

Operative part of the judgment

(Case T-435/07) (1)

The Court:

1. Dismisses the action;

2. Orders Ebro Puleva, SA to pay the costs.

(Community trade mark — Application for the Community
word mark NEW LOOK — Absolute ground for refusal —
character acquired through use —
Lack of distinctive

Article 7(3) of Regulation (EC) No 40/94)

(2009/C 19/54)

Language of the case: English

(1) OJ C 235, 6.10.2007.

Parties

Applicant: New Look Ltd (Weymouth, United Kingdom) (repre-
sented by: S. Malynicz, Barrister, and M. Blair and K. Gilbert,
Solicitors)

24.1.2009

EN

Official Journal of the European Union

C 19/29

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

certain persons and entities with a view to combating terrorism
and repealing Decision 2007/868/EC (OJ 2008 L 188, p. 21),
so far as it concerns the applicant.

Re:

Action against the decision of the Second Board of Appeal of
OHIM of 3 September 2007 (Case R 670/2007-2) relating to
the registration of the word sign NEW LOOK as a Community
trade mark

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders New Look Ltd to pay the costs.

(1) OJ C 37, 9.2.2008.

Operative part of the judgment

The Court:

1. Annuls Council Decision 2008/583/EC of 15 July 2008 imple-
menting Article 2(3) of Regulation No 2580/2001 on specific
restrictive measures directed against certain persons and entities
with a view to combating terrorism and repealing Decision
2007/868/EC,
in so far as it concerns the People's Mojahedin
Organization of Iran.

2. Orders the Council to bear, in addition to its own costs, the costs of

the People's Mojahedin Organization of Iran.

3. Orders the French Republic and the Commission to pay their own

costs.

(1) OJ C 236, 13.9.2008.

Judgment of the Court of First Instance of 4 December
2008 — People's Mojahedin Organization of Iran v Council

(Case T-284/08) (1)

(Common foreign and security policy — Restrictive measures
directed against certain persons and entities with a view to
combating terrorism — Freezing of funds — Actions for
annulment — Rights of the defence — Judicial review)

(2009/C 19/55)

Language of the case: English

Parties

Applicant: People's Mojahedin Organization of Iran (Auvers-sur-
Oise, France) (represented by: initially, J.-P. Spitzer, lawyer, and
D. Vaughan QC, subsequently by J.-P. Spitzer, D. Vaughan QC
and M.E. Demetriou, Barrister)

Defendant: Council of the European Union (represented by: initi-
ally, G.J. Van Hegleson, M. Bishop and E. Finnegan, subsequently
by M. Bishop and E. Finnegan, Agents)

Interveners in support of
the defendant: French Republic (repre-
sented by: G. de Bergues and A.L. During, Agents); and
the European Communities (represented by:
Commission of
P. Aalto and S. Boelaert, Agents)

Order of the Court of First Instance of 27 October 2008 —
S.C. Gerovital Cosmetics v OHIM — S.C. Farmec
(GEROVITAL H3 Prof. Dr. A. Aslan)

(Case T-163/07) (1)

(Community trade mark — Invalidity proceedings — With-
drawal of the application for a declaration of invalidity — No
need to adjudicate)

(2009/C 19/56)

Language of the case: English

Parties

Applicant: S.C. Gerovital Cosmetics S.A. (Ilfov County, Romania)
(represented by: D. Boștină, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM,
intervening before the Court of First Instance: S.C. Farmec S.A. (Cluj
Napoca, Romania)
(represented by: G. Turcu and M. Rosu,
lawyers)

Re:

Application for annulment of Council Decision 2008/583/EC of
15 July 2008 implementing Article 2(3) of Regulation (EC)
No 2580/2001 on specific restrictive measures directed against

Action brought against the decision of the Second Board of
Appeal of OHIM of 27 February 2007 (Case R 271/2006-2)
relating to invalidity proceedings between S.C. Farmec S.A. and
S.C. Gerovital Cosmetics S.A.

Re: