Case T-316/07: Judgment of the Court of First Instance of 22 January 2009 — Commercy v OHIM — easyGroup IP Licensing (easyHotel) (Community trade mark — Invalidity proceedings — Community word mark easyHotel — Earlier national word mark EASYHOTEL — Relative ground for refusal — Lack of similarity of the goods and services — Articles 8(1)(b) and 52(1)(a) of Regulation (EC) No 40/94 — Legal aid — Application lodged by the receiver for a commercial company — Article 94(2) of the Rules of Procedure)
Date: 2009-01-22
Institutions: Court of First Instance
Subjects: European Union Intellectual Property Office, action for annulment (EU), hotel industry, trade-mark law

7.3.2009

EN

Official Journal of the European Union

C 55/23

Judgment of the Court of First Instance of 21 January 2009
— Korsch v OHIM (PharmaCheck)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: G. Schneider, initi-
ally, and G. Schneider and S. Schäffner, subsequently, Agents)

(Case T-296/07) (1)

(Community trade mark — Application for the Community
word mark PharmaCheck — Absolute ground for refusal —
Descriptive character — Article 7(1)(c) of Regulation (EC)
No 40/94 — Restriction of the list of goods)

(2009/C 55/40)

Language of the case: German

Parties

(represented by:
Applicant: Korsch AG (Berlin, Germany)
J. Grzam, initially, and J. Grzam, M. Dittmann and M. Scheffler,
subsequently, lawyers)

Re:

Action brought against the decision of the First Board of Appeal
of OHIM of 31 May 2007 (Case R 1281/2006—1) concerning
the registration of the word mark ‘AIRSHOWER’ as a Com-
munity trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Hansgrohe AG to pay the costs.

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

(1) OJ C 235, 6.10.2007.

Re:

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 5 June 2007 (Case R 358/2007-4)
concerning an application for registration of the word sign Phar-
maCheck as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Korsch AG to pay the costs.

(1) OJ C 235, 6.10.2007.

Judgment of the Court of First Instance of 21 January 2009
— Hansgrohe v OHIM (AIRSHOWER)

(Case T-307/07) (1)

(Community trade mark — Application for the Community
word mark AIRSHOWER — Absolute ground for refusal —
Descriptive character — Article 7(1)(c) of Regulation (EC)
No 40/94)

(2009/C 55/41)

Language of the case: German

Judgment of the Court of First Instance of 22 January 2009
— Commercy v OHIM — easyGroup IP Licensing
(easyHotel)

(Case T-316/07) (1)

(Community trade mark — Invalidity proceedings — Com-
munity word mark easyHotel — Earlier national word mark
EASYHOTEL — Relative ground for refusal — Lack of
similarity of
the goods and services — Articles 8(1)(b)
and 52(1)(a) of Regulation (EC) No 40/94 — Legal aid —
Application lodged by the receiver for a commercial company
— Article 94(2) of the Rules of Procedure)

(2009/C 55/42)

Language of the case: German

Parties

Applicant: Commercy AG (Weimar, Germany) (represented by:
F. Jaschke, initially, and S. Grosse and I. Müller, subsequently,
lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: easyGroup IP Licen-
sing Ltd (London, United Kingdom) (represented by: T. Koerl
and S. Möbus, lawyers)

Re:

Parties

Applicant: Hansgrohe AG (Schiltach, Germany) (represented by:
S. Weidert and J. Zehnsdorf, lawyers)

Action brought against the decision of the Second Board of
Appeal of OHIM of 19 June 2007 (Case R 1295/2006-2)
concerning invalidity proceedings between Commercy AG and
easyGroup IP Licensing Ltd.

C 55/24

EN

Official Journal of the European Union

7.3.2009

Operative part of the judgment

The Court:

1. Dismisses the application for legal aid;

2. Dismisses the action;

3. Orders Commercy AG to pay the costs.

(1) OJ C 235, 6.10.2007.

3. orders Rednap to pay to the Commission default interest on the
sum of EUR 115 250,27 from 31 May 2002 at the statutory
rate under Greek law until the debt is totally discharged, which rate
may not, however, as from 1 August 2007, exceed 11,75 % per
annum;

4. orders Rednap to pay the costs.

(1) OJ C 269, 10.11.2007.

Judgment of the Court of First Instance of 20 January 2009
— Pioneer Hi-Bred International v OHIM (OPTIMUM)

Judgment of the Court of First Instance of 14 January 2009
— Commission v Rednap

(Case T-424/07) (1)

(Case T-352/07) (1)

(Arbitration clause — Contracts concluded in the context of
the fourth framework programme of activities in the fields of
research and technological development and demonstration —
Rise and Healthline projects — Non-compliance of part of the
declared expenditure with the contractual provisions — Repay-
ment of part of the advances paid — Default proceedings)

(2009/C 55/43)

Language of the case: Swedish

Parties

Applicant: Commission of the European Communities (repre-
sented by: D. Triantafyllou and J. Enegren, acting as Agents)

Defendant: Rednap AB (Malmö, Sweden)

(Community trade mark — Application for the Community
word mark OPTIMUM — Absolute ground for refusal —
Lack of distinctive character — Article 7(1)(b) of Regulation
(EC) No 40/94 — Obligation to state reasons — Examination
of the facts of OHIM's own motion — Articles 73 and 74(1)
of Regulation (EC) No 40/94)

(2009/C 55/44)

Language of the case: English

Parties

Applicant: Pioneer Hi-Bred International, Inc.
(Johnston, Iowa,
United States) (represented by: G. Würtenberger, R. Kunze and
T. Wittmann, lawyers)

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

Re:

Re:

Action brought by the Commission under Article 238 EC
seeking repayment of part of the advances paid by the Com-
munity under the contracts DE 3010 (DE) Rise and HC 4007
(HC) Healthline, and payment of default interest

Action brought against the decision of the Second Board of
Appeal of OHIM of 11 September 2007 (Case R 288/2007-2),
concerning an application for registration of
the word sign
OPTIMUM as a Community trade mark

Operative part of the judgment

The Court:

Operative part of the judgment

The Court:

1. Dismisses the action;

1. orders Rednap AB to repay to the Commission the sum of

EUR 334 375,49;

2. Orders Pioneer Hi-Bred International, Inc. to pay the costs.

2. orders Rednap to pay to the Commission default interest on the
sum of EUR 219 125,22 from 1 June 2002 at the statutory rate
under Greek law until the debt is totally discharged, which rate may
not, however, as from 1 August 2007, exceed 11,75 % per
annum;

(1) OJ C 8, 12.1.2008.