Source: EURLEX
Language: en
Format: md

15.6.2002 EN Official Journal of the European Communities C 144/41

3. _Orders the defendant to pay the costs._ **JUDGMENT OF THE COURT OF FIRST INSTANCE**

**27 February 2002**
( [1] ) OJ C 122 of 29.4.2000.

**in Case T-106/00: Streamserve Inc. v Office for Harmonis-**
**ation in the Internal Market (Trade Marks and Designs)**
**(OHIM)** ( [1] )

_**(Community trade mark — Term STREAMSERVE — Absol-**_
_**ute grounds for refusal — Article 7(1)(b) and (c) of**_
**JUDGMENT OF THE COURT OF FIRST INSTANCE** _**Regulation (EC) No 40/94 — Prior national registrations —**_
_**Principle of non-discrimination)**_

**27 February 2002**

(2002/C 144/87)
**in Case T-79/00: Rewe Zentral AG v Office for Harmonis-**
**ation in the Internal Market (Trade Marks and Designs)**
**(OHIM)** ( [1] )
_(Language of the case: English)_

_**(Community trade mark — ‘LITE’ — Observance of the**_
_**rights of defence — Immaterial plea — Absolute ground for**_
_**refusal — Article 7(1)(b) of Regulation (EC) No 40/94)**_

In Case T-106/00, Streamserve Inc., established in Raleigh,
(2002/C 144/86) North Carolina (United States of America), represented by
M. Nedstrand, lawyer, v Commission of the European Communities (Agents: A. di Carlo and G. Humphreys): Action
_(Language of the case: German)_ brought against the decision of the Second Board of Appeal of
the Office for Harmonisation in the Internal Market (Trade
Marks and Designs) of 28 February 2000 (Case R 423/19992) concerning registration of the term STREAMSERVE as a
Community trade mark, Court of First Instance (Fourth
In Case T-79/00, Rewe Zentral AG, established in Cologne Chamber), composed of: P. Mengozzi, President, V. Tiili and
(Germany), represented by M. Kinkeldey, lawyer, v Office for R. M. Moura Ramos, Judges; D. Christensen, Administrator,
Harmonisation in the Internal Market (Trade Marks and for the Registrar, has given a judgment on 27 March 2002, in
Designs) (OHIM) (Agents: initially V. Melgar and P. von Kapff, which it:
and, subsequently, Melgar and G. Schneider): Action brought
against the decision of the Third Board of Appeal of the Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) of 27 January 2000 (Case R 275/1999-3) concerning 1. _Annuls the decision of the Second Board of Appeal of the Office_
the registration of ‘LITE’ as a Community trade mark, the _for Harmonisation in the Internal Market (Trade Marks and_
Court of First Instance (Fourth Chamber), composed of: _Designs) of 28 February 2000 (Case R 423/1999-2) as_
P. Mengozzi, President, V. Tiili and R. M. Moura Ramos, _regards goods in the categories ‘manuals’ and ‘publications’;_
Judges; D. Christensen, Administrator, for the Registrar, has
given a judgment on 27 February 2002, in which it:
2. _For the rest, dismisses the application;_

1. _Dismisses the application;_ 3. _Orders the applicant to bear it own costs and to pay two thirds_
_of the defendant’s costs and orders the defendant to bear one_
2. _Orders each party to bear its own costs._ _third of its own costs._

( [1] ) OJ C 176 of 24.6.2000.
( [1] ) OJ C 163 of 10.6.2000.