Case C-197/07 P: Order of the Court (Eighth Chamber) of 12 December 2008 — Aktieselskabet af 21. november 2001 v Office for Harmonisation in the Internal Market (Trade Marks and Designs), TDK Kabushiki Kaisha (TDK Corp.) (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(5) — Reputation — Taking unfair advantage of the distinctive character or the repute of the earlier mark — Application for registration as a Community trade mark of the word mark TDK — Opposition by the proprietor of the Community and national word and figurative marks TDK — Refusal to register)
Date: 2008-12-12
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), appeal, audiovisual equipment, clothing, trade-mark law

C 69/10

EN

Official Journal of the European Union

21.3.2009

for

Judgment of the Court (Fourth Chamber) of 29 January
2009 (reference
a preliminary ruling from the
Kammarrätten i Stockholm, Migrationsöverdomstolen,
Sweden) — Migrationsverket v Edgar Petrosian, Nelli
Petrosian, Svetlana Petrosian, David Petrosian, Maxime
Petrosian

(Case C-19/08) (1)

(Right of asylum — Regulation (EC) No 343/2003 — Taking
back by a Member State of an asylum seeker whose applica-
tion has been refused and who is in another Member State
where he has submitted a fresh asylum application — Start of
the period for implementation of transfer of the asylum seeker
— Transfer procedure the subject-matter of an appeal having
suspensive effect)

Order of the Court (Eighth Chamber) of 12 December
2008 — Aktieselskabet af 21. november 2001 v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs), TDK Kabushiki Kaisha (TDK Corp.)

(Case C-197/07 P) (1)

(Appeal — Community trade mark — Regulation (EC)
No 40/94 — Article 8(5) — Reputation — Taking unfair
advantage of the distinctive character or the repute of the
earlier mark — Application for registration as a Community
trade mark of the word mark ‘TDK’ — Opposition by the
proprietor of the Community and national word and figurative
marks TDK — Refusal to register)

(2009/C 69/15)

Language of the case: Swedish

(2009/C 69/16)

Language of the case: English

Referring court

Kammarrätten i Stockholm, Migrationsöverdomstolen

Parties to the main proceedings

Applicant: Migrationsverket

Defendants: Edgar Petrosian, Nelli Petrosian, Svetlana Petrosian,
David Petrosian, Maxime Petrosian

Re:

Reference for a preliminary ruling — Kammarrätten i Stock-
holm, Migrationsöverdomstolen (Sweden) — Interpretation of
Articles 20(1)(d) and 2 of Council Regulation (EC) No 343/2003
of 18 February 2003 establishing the criteria and mechanisms
for determining the Member State responsible for examining an
asylum application lodged in one of the Member States by a
third-country national (OJ 2003 L 50, p. 1) — Taking back by a
Member State of an applicant for asylum who is in another
Member State and lodged another application for asylum there
— Start of the period for transfer of the asylum seeker

Operative part of the judgment

Article 20(1)(d) and Article 20(2) of Regulation No 343/2003 of
Council Regulation (EC) No 343/2003 of 18 February 2003 estab-
lishing the criteria and mechanisms for determining the Member State
responsible for examining an asylum application lodged in one of the
Member States by a third-country national are to be interpreted as
meaning that, where the legislation of the requesting Member State
provides for suspensive effect of an appeal, the period for implementa-
tion of the transfer begins to run, not as from the time of the provi-
sional judicial decision suspending the implementation of the transfer
procedure, but only as from the time of the judicial decision which
rules on the merits of the procedure and which is no longer such as to
prevent its implementation.

Parties

Appellant: Aktieselskabet af 21. november 2001 (represented by:
C. Barrett Christiansen, advokat)

Other parties to the proceedings: Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (represented by: G.
Schneider, Agent), TDK Kabushiki Kaisha (TDK Corp.) (repre-
sented by: A. Norris, Barrister)

Re:

Appeal brought against the judgment of the First Chamber of
Instance of 6 February 2007 in Case
the Court of First
T-477/04 Aktieselskabet
af 21. November 2001 v OHIM
dismissing as unfounded an action brought by the applicant for
the word mark ‘TDK’ for goods in Class 25 against Decision
R 364/2003-1 of
the First Board of Appeal of OHIM of
7 October 2004 rejecting the appeal brought against the Oppo-
sition Division refusing registration of that mark in the context
of opposition proceeding brought by the proprietor of the Com-
munity and national word and figurative marks ‘TDK’

Operative part of the order

1. The appeal is dismissed.

2. Aktieselskabet af 21. november 2001 shall pay the costs.

(1) OJ C 64, 8.3.2008.

(1) OJ C 129, 9.6.2007.