CELEX: C2001/186/15
Language: en
Date: 2001-06-30 00:00:00
Title: Case T-79/01: Action brought on 5 April 2001 by Robert Bosch GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

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 fol-
                                                                                                          lowed by the Boards of
                         (Case T-79/01)                                                                   Appeal.
                                                                                                      — Infringement,        alternatively
                        (2001/C 186/15)                                                                   misinterpretation,            of
                                                                                                          Article 7(1)(b) and (c) of Regu-
                                                                                                          lation 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 appli-
      cation No 761 270;                                                                          (Case T-80/01)
—     order the defendant Office to pay the costs.                                               (2001/C 186/16)
Pleas in law and main arguments                                                           (Language of the case: German)
                                                                        An action against the Commission of the European Communi-
Applicant 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 Diehl-
                                                                        Leistner, 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.