Case T-12/09: Action brought on 13 January 2009 — Gruber v OHIM (Run the globe)
Date: 2009-01-13
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law

C 69/46

EN

Official Journal of the European Union

21.3.2009

Pleas in law and main arguments

In the present case, the applicant is bringing an action for non-
contractual liability arising from the damages he claims to have
incurred as a result of the alleged illegal refusal by the Commis-
sion to comply with plenary resolution of the European Parlia-
ment (1) and to enforce the application by Denmark of
the
provisions of Council Directive 96/29/Euratom of 13 May 1996
laying down basic safety standards for the protection of the
health of workers and the general public against the dangers
arising from ionizing radiation (2)
to the case of workers,
including the applicant, involved in a nuclear accident in Thule,
Greenland.

Pleas in law: Infringement of Article 7(1)(b) of Regulation (EC)
No 40/94 (1), as the registered mark has the necessary distinc-
tive character. Further, the registered mark has distinctive char-
acter in consequence of use under Article 7(3) of Regulation
No 40/94.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

(1) European Parliament report of 20 April 2007 on the public health
crash (Petition 720/2002)

the 1968 Thule

consequences of
[2006/2012(INI)].

(2) OJ L 159, p. 1.

Action brought on 13 January 2009 — Gruber v OHIM
(Run the globe)

(Case T-12/09)

(2009/C 69/102)

Language in which the application was lodged: German

Action brought on 12 January 2009 — Schunk v OHIM
(cylinder-shaped section of a chuck)

Parties

(Case T-7/09)

(2009/C 69/101)

Applicant: Alexander Gruber (Ulm, Germany) (represented by T.
Kienle and M. Krinke, lawyers)

Language in which the application was lodged: Germany

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

Parties

Form of order sought

Applicant: Schunk GmbH & Co. KG Spann- und Greiftechnik
(Lauffen am Neckar, Germany)
(represented by C. Koppe-
Zagouras, lawyer)

— annul the decision of the First Board of Appeal of the Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) of 6 November 2008 (Case R 1779/2007-1);

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

— order the defendant to pay the costs.

Pleas in law and main arguments

Form of order sought

Community trade mark concerned: the word mark ‘Run the globe’
for services in Class 41 — Application No 5 154 521

— annul

the decision of

the First Board of Appeal of

31 October 2008 — Case R 1109/2007-1;

Decision of the Examiner: Refusal of the application

— order the defendant to pay the costs.

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law and main arguments

Community trade mark concerned: another type of mark, showing
the cylinder-shaped section of a chuck, for goods in Classes 7
and 8 — Application No 3 098 894

Decision of the Examiner: Refusal of the application

Decision of the Board of Appeal: Dismissal of the appeal

in law:

Pleas
Infringement of Article 7(1)(b) of Regulation
No 40/94 (1), as the registered mark has the necessary distinc-
tive character.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).