Case T-523/08: Action brought on 1 December 2008 — Agatha Ruiz de la Prada de Sentmenat v OHIM — Mary Quant Cosmetics Japan (AGATHA RUIZ DE LA PRADA)
Date: 2008-12-01
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), cosmetic product, trade-mark law

C 32/46

EN

Official Journal of the European Union

7.2.2009

Action brought on 1 December 2008 — Agatha Ruiz de la
Prada de Sentmenat v OHIM — Mary Quant Cosmetics
Japan (AGATHA RUIZ DE LA PRADA)

Action brought on 4 December 2008 — Commission v
TMT Pragma

(Case T-523/08)

(2009/C 32/88)

(Case T-527/08)

(2009/C 32/89)

Language in which the application was lodged: Spanish

Language of the case: Italian

Parties

Applicant: Agatha Ruiz de la Prada de Sentmenat (Madrid, Spain)
(represented by: R. Bercovitz Álvarez, lawyer)

Parties

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Applicant: Commission of the European Communities (repre-
sented by: M. Moretto, lawyer, and A.M Rouchaud-Joët and F.
Mirza, Agents)

Other party to the proceedings before the Board of Appeal of OHIM:
Mary Quant Cosmetics Japan Ltd (Tokyo, Japan)

Defendant: TMT Pragma (Rome, Italy)

Form of order sought

Form of order sought

— Paragraphs 1 and 3 of the contested decision be annulled
and replaced with a different decision in which registration
of Community trade mark No 3.291.234 is granted in
respect of all the goods requested in Class 3 of the Classifica-
tion (including ‘soaps; perfumery, essential oils, cosmetics,
hair lotions’) and MARY QUANT Cosmetics Japan Ltd. be
ordered to pay the costs of the opposition proceedings, and

— the defendant, and any intervening or other party, be

ordered to pay the costs of the present proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: Agatha Ruiz de la Prada de
Sentmenat

Community trade mark concerned: Figurative mark representing a
pink flower with a yellow centre on a light green background
with the wording AGATHA RUIZ DE LA PRADA (application
No 3.291.234) for goods in, inter alia, Classes 3, 5, 14 and 21.

Proprietor of the mark or sign cited in the opposition proceedings:
MARY QUANT Cosmetics Japan Ltd.

Mark or sign cited in opposition: Figurative mark representing a
black flower with a black centre surrounded by a white outline:
British trade marks for goods in Classes 3 and 5, and a Com-
munity trade mark for goods in Classes 3 and 21.

Decision of the Opposition Division: The opposition was rejected.

Decision of the Board of Appeal: The appeal was upheld in part.

Pleas in law: Incorrect application of Article 8(1)(b) of Regulation
(EC) No 40/94 on the Community trade mark.

— Order the defendant to pay to the Commission the principal
sum of EUR 30 700,23, together with default interest at the
statutory legal rate in Spain from 29 August 2004 until
payment in full of the amount due;

— Order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

a

sum amounting

The subject-matter of the present action is a request that the
defendant be ordered to repay
to
EUR 30 700,23 together with default interest. That sum repre-
sents a part of the contribution paid by the applicant in execu-
tion of contract No UR-96-SC.1105, entered into under the
auspices of the Fourth Framework Programme for Research and
Technological Development. The contract, which was concluded
with other European research centres, provided for the develop-
ment of a programme entitled ‘Integrated urban transport
projects and market-orientated urban transport systems/on-
demand urban transport systems — INTRAMUROS’.

In support of its claims, the applicant argues that it became
apparent from the audit carried out in June 2000 that certain
personnel expenses, the travel and accommodation expenses
and the expenses in respect of consumables and information
technology were not
justified and therefore could not be
charged to the project.

By debit note of 14 July 2004, the Commission notified the
defendant that it sought reimbursement of the amount in ques-
tion, together, if appropriate, with default interest in the event
of non-payment.