Source: EURLEX
Language: en
Format: md

24.8.2002 EN Official Journal of the European Communities C 202/23

1. _Dismisses the action in so far as it relates to the category of_ 2. _Annuls the decision of the Second Board of Appeal of the Office_
_documents constituted by the minutes of the meetings of the_ _for Harmonisation in the Internal Market (Trade Marks and_
_cancer experts committee assessing the international scientific_ _Designs) of 2 August 2000 (Case R 312/1999-2) in so far_
_research;_ _as the Board dismissed the appeal before it as regards the_
_following categories of services:_
2. _Finds that there is no need to proceed to judgment on the_
_remainder of the case;_

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_‘Services relating to a database’ within Class 38;_
3. _Orders the Commission in addition to bearing its own costs, to_
_pay those of the applicant, save for costs relating to the request_

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_for the oral procedure to be re-opened. The Commission is also_ _‘Production and reproduction of data, speech, text, sound_
_ordered to pay the costs connected with the summoning of_ _and image recordings on video and/or audio cassettes,_
_witnesses._ _tapes and discs (including CD-ROMs and CD-i’s) and of_
_video games (computer games); demonstration and rental_
_of video and/or audio cassettes, tapes and discs (including_
( [1] ) OJ C 355 of 9.12.2000. _CD-ROMs and CD-i’s) and of video games (computer_
_games); rental of television receiving apparatus and_
_decoders; education, providing of training, entertainment;_
_sporting and cultural activities; conducting competitions_
_in the fields of training, teaching, entertainment and_
_sports; distance learning courses; publishing books, per-_
_iodicals and other printed matter and associated electronic_
_media (including CD-ROMs and CD-i’s); conducting_
_concert, theatre and entertainment events and sporting_
**JUDGMENT OF THE COURT OF FIRST INSTANCE** _competitions; production of films and videos and radio_
_and television programmes of a training, teaching and_
_entertaining nature, including such production for children_
**of 2 July 2002** _and young people; production, reproduction, showing and_
_rental of sound and image recordings on video and/or_
_audio cassettes, tapes and discs; theatrical performances_
**in Case T-323/00: SAT.1 SatellitenFernsehen GmbH**
_and orchestra services’ within Class 41;_
**v Office for Harmonisation in the Internal Market (Trade**
**Marks and Designs) (OHIM)** ( [1] )

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_‘Issuing, negotiating, rental and other exploitation of_
_**(Community trade mark — ‘SAT. 2’ — Absolute grounds**_ _rights to films, television and video productions and other_
_**for refusal — Article 7(1)(b) and (c) of Regulation (EC)**_ _image and sound programmes; copyright and industrial_
_**No 40/94 — Equal treatment)**_ _property rights exploitation for others; exploitation of film_
_and television ancillary rights in the field of merchandis-_
_ing; software development, in particular in the fields of_
(2002/C 202/34)
_multimedia, interactive television and Pay-TV; operation_
_of networks for the transfer of messages, images, text,_
_(Language of the case: German)_ _speech and data; technical consultancy in the field of_
_multimedia, interactive television and Pay-TV (included_
_in class 42); computer programming, including video_
_and computer games; arranging and allocating of user_
_passwords for users of various communication networks’_
In Case T-323/00, SAT.1 SatellitenFernsehen GmbH, estab_within Class 42;_
lished in Mainz (Germany), represented by R. Schneider,
lawyer, v Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (OHIM) (Agents: A. von Mühlendahl
and C. Røhl Søberg): Action brought against the decision of 3. _Dismisses the remainder of the application;_
the Second Board of Appeal of the Office for Harmonisation
in the Internal Market (Trade Marks and Designs) of 2 August
2000 (Case R 312/1999-2), the Court of First Instance (Second 4. _Orders the parties to bear their own costs._
Chamber), composed of: R.M. Moura Ramos, President, J. Pirrung and A.W.H. Meij, Judges; J. Plingers, Administrator, for
the Registrar, has given a judgment on 2 July 2002, in which
it:
( [1] ) OJ C 4 of 6.1.2001.

1. _Annuls the decision of the Second Board of Appeal of the Office_
_for Harmonisation in the Internal Market (Trade Marks and_
_Designs) of 2 August 2000 (Case R 312/1999-2) in so far_
_as the Board failed to rule on the appeal before it as regards the_
_services within Class 35;_