Case T-67/07: Judgment of the Court of First Instance of 2 December 2008 — Ford Motor v OHIM (FUN) (Community trade mark — Application for Community word mark FUN — Absolute grounds for refusal — Lack of descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 40/94)
Date: 2008-12-02
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law, vehicle

C 19/26

EN

Official Journal of the European Union

24.1.2009

Judgment of the Court of First Instance of 26 November
2008 — Greece v Commission

Defendant: Commission of the European Communities (repre-
sented by: P. Oliver, acting as Agent)

(Case T-263/06) (1)

(EAGGF — Guarantee Section — Expenditure excluded from
Community financing — Measures ancillary to rural develop-
ment — Time-limit of 24 months — Assessment of the
expenditure to be excluded — Key controls — Principle of ne
bis in idem — Extrapolation of the findings of default —
Principle of proportionality)

(2009/C 19/47)

Language of the case: Greek

Re:

annulment

the Guarantee Section of

Action for
in part of Commission Decision
2006/554/EC of 27 July 2006 excluding from Community
financing certain expenditure incurred by the Member States
under
the European Agricultural
Guidance and Guarantee Fund (EAGGF) (OJ 2006 L 218, p. 12),
in so far as it excludes certain expenses incurred by the United
Kingdom of Great Britain and Northern Ireland in the sector of
concentrated butter in the food industry.

Parties

Applicant: Hellenic Republic (represented by: I. Chalkias and G.
Kanellopoulos, Agents)

Defendant: Commission of the European Communities (repre-
sented by: F. Jimeno Fernández and H. Tserepa-Lacombe, acting
as Agents, and N. Korogiannakis, lawyer)

Operative part of the judgment

The Court:

1. Dismisses the action;

Re:

Annulment of Commission Decision 2006/554/EC of 27 July
2006 excluding from Community financing certain expenditure
incurred by the Member States under the Guarantee Section of
the European Agricultural Guidance and Guarantee Fund
(EAGGF) (OJ 2006 L 218, p. 12), in so far as it excludes certain
expenditure incurred by the Hellenic Republic in the sector of
measures ancillary to rural development

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 281, 18.11.2006.

2. Orders the United Kingdom of Great Britain and Northern Ireland

to pay the costs.

(1) OJ C 294, 2.12.2006.

Judgment of the Court of First Instance of 2 December
2008 — Ford Motor v OHIM (FUN)

(Case T-67/07) (1)

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

(2009/C 19/49)

Language of the case: German

Judgment of the Court of First Instance of 26 November
2008 — United Kingdom v Commission

(Case T-278/06) (1)

Parties

(EAGGF — Guarantee Section — Expenditure excluded from
Community financing — Butter — Check of the quantity of
product obtained — On-the-spot checks — Article 23(2) of
Regulation (EC) No 2571/97)

(2009/C 19/48)

Language of the case: English

Applicant: Ford Motor Co. (Dearborn, Michigan, United States)
(represented by: R. Ingerl, lawyer)

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

Re:

Parties

Applicant: United Kingdom of Great Britain and Northern
Ireland (represented initially by: E. O'Neill and subsequently by
I. Rao, Agents, and by H. Mercer, Barrister)

ACTION brought against the decision of the Second Board of
Appeal of OHIM of 20 December 2006 (Case R 1135/2006-2),
concerning an application for registration of the Community
word mark FUN.

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.