Source: EURLEX
Language: en
Format: md

C 186/10 EN Official Journal of the European Communities 30.6.2001

**Action brought on 5 April 2001 by Robert Bosch GmbH** — Registration of the mark in
**against the Office for Harmonisation in the Internal** question would accord with
**Market (Trade Marks and Designs)** the other aspects of the
decision-making practice followed by the Boards of
**(Case T-79/01)** Appeal.

— Infringement, alternatively
(2001/C 186/15) misinterpretation, of
Article 7(1)(b) and (c) of Regulation No 40/94.

_(Language of the case: German)_

( [1] ) Council Regulation (EC) No 40/94 of 20 December 1993 on the
Community trade mark (OJ 1994 L 11, p. 1).
An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on
5 April 2001 by Robert Bosch GmbH, of Stuttgart (Germany),
represented by Stefan Völker, Rechtsanwalt, with an address
for service in Luxembourg.

The applicant claims that the Court should:

—
annul the decision adopted on 31 January 2001 by the
First Board of Appeal of the Office for Harmonisation in **Action brought on 9 April 2001 by Barbara Diehl-Leistner**
the Internal Market (Trade Marks and Designs) in the **against the Commission of the European Communities**
appeal proceedings registered under number
R 124/2000-1 concerning Community trade mark application No 761 270; **(Case T-80/01)**

—
order the defendant Office to pay the costs. (2001/C 186/16)

_(Language of the case: German)_
_Pleas in law and main arguments_

An action against the Commission of the European CommuniApplicant for the Com- the applicant ties was brought before the Court of First Instance of the
munity trade mark:
European Communities on 9 April 2001 by Barbara DiehlLeistner, Luxembourg, represented by Lex Thielen, Lawyer,
The trade mark con- the verbal mark ‘Kit Pro’ with an address for service in Luxembourg.
cerned:

The applicant claims that the Court should:
Goods or service con- goods and services in Class 12
cerned: (parts for repairing drum brakes — annul the decision notified to the applicant by letter of
in land vehicles) the selection board for Competition COM/A/12/98, 02
of 17 April 2000 that she is not included on the list of
Decision contested refusal of the application for regis- successful candidates in the open competition and the
before the Board of tration of the mark decision of 17 January 2001 rejecting her complaint of
Appeal: 4 July 2000;

—
Grounds of claim: — The mark is not descriptive order the defendant to pay the costs.
within the meaning of
Article 7(1)(c) of Regulation
(EC) No 40/94 ( [1] ). _Pleas in law and main arguments_
— There is no need to keep the
mark free.
The applicant took part in Open Competition COM/A/12/98,
— The mark possesses the mini- 02 and was informed that she was not placed on the list of
mum level of distinctiveness successful candidates in the competition because she did not
necessary for trade-mark pro- achieve the minimum mark in the oral test. Her complaint
tection. against that decision was rejected by the defendant.