CELEX: C2000/102/57
Language: en
Date: 2000-04-08 00:00:00
Title: Case T-357/99: Action brought on 22 December 1999 by Telefon & Buch VerlagsgmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

C 102/28              EN                     Official Journal of the European Communities                                       8.4.2000
— infringement of Directive 89/104/EEC of 21 December                   Action brought on 22 December 1999 by Telefon & Buch
    1988 to approximate the laws of the Member States                   VerlagsgmbH against the Office for Harmonisation in the
    relating to trade marks and of Directive 84/450/EEC of                       Internal Market (Trade Marks and Designs)
    10 September 1984 relating to misleading advertising;
                                                                                                (Case T-357/99)
— violation of the principles of legal certainty, protection of
    legitimate expectations, proportionality, non-discrimina-
    tion and subsidiarity.                                                                      (2000/C 102/57)
                                                                                          (Language of the case: German)
                                                                        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
                                                                        22 December 1999 by Telefon & Buch VerlagsgmbH, of
Action brought on 10 December 1999 by Kuwait Pet-                       Perchtoldsdorf (Republic of Austria), represented by Hans
roleum (Nederland) B.V. against the Commission of the                   Georg Zeiner and Brigitte Heaman-Dunn, Rechtsanwälte, of
                    European Communities                                Messrs Zeiner & Zeiner, Vienna, with an address for service in
                                                                        Luxembourg at the Chambers of Marc Feider, of Messrs Beghin,
                                                                        Feider, Allen & Overy, 56-58 Rue Charles Martel.
                        (Case T-354/99)
                                                                        The applicant claims that the Court should:
                        (2000/C 102/56)
                                                                        — amend the decision adopted on 21 October 1999 by the
                                                                            Third Board of Appeal of the Office for Harmonisation in
                   (Language of the Case: Dutch)                            the Internal Market (Trade Marks and Designs) in appeal
                                                                            No R 352/1999-3, in such a way that there are no
                                                                            obstacles under Article 7(1)(b) and (c) of the Community
An action against the Commission of the European Communi-                   Trade Mark Regulation to registration of the Community
ties was brought before the Court of First Instance of the                  trade mark UNIVERSALTELEFONBUCH (application
European Communities on 10 December 1999 by Kuwait                          No 455881);
Petroleum (Nederland) B.V., of Rotterdam (Netherlands), rep-
resented by P.S.R.F. Mathijsen, of the Brussels Bar.
                                                                        — alternatively, annul the decision adopted on 21 October
                                                                            1999 by the Third Board of Appeal of the Office for
The applicant claims that the Court should:                                 Harmonisation in the Internal Market (Trade Marks and
                                                                            Designs) in appeal No R 352/1999-3
(a) annul the Commission’s decision (C(1999) 2539 final) (1)
    of 20 July 1999 concerning State aid granted by the                 — order the defendant to pay the costs.
    Netherlands to 633 service stations in the region bordering
    Germany;
                                                                        Pleas in law and main arguments
(b) order the Commission to pay the costs.
                                                                        The trade mark con-           verbal mark        ‘UNIVERSALTE-
                                                                        cerned:                       LEFONBUCH’         — application
Pleas in law and main arguments                                                                       No 455881
                                                                        Goods or service con-         Goods and services in Classes 9
The pleas in law and main arguments are the same as in Case             cerned:                       (including     recorded     storage
T-242/99.                                                                                             media), 16 (including printing
                                                                                                      products), 41 (including pub-
                                                                                                      lishing services) and 42 (including
(1) OJ L 280 of 30.10.1999, p. 87.                                                                    editing services)
                                                                        Decision        contested     Refusal of registration by the
                                                                        before the Board of           examiner
                                                                        Appeal:
 ---pagebreak--- 8.4.2000              EN                     Official Journal of the European Communities                                       C 102/29
Grounds of claim:             — Infringement of Article 7(1)(b)         Goods or service con-         Goods and services in Classes 9
                                  of Regulation (EC) No 40/94           cerned:                       (including     recorded     storage
                                                                                                      media), 16 (including printing
                              — Incorrect      application      of                                    products), 41 (including pub-
                                  Article 7(1)(c) of Regulation                                       lishing services) and 42 (including
                                  (EC) No 40/94                                                       editing services)
                                                                        Decision        contested     Refusal of registration by the
                                                                        before the Board of           examiner
                                                                        Appeal:
                                                                        Grounds of claim:             — Infringement of Article 7(1)(b)
                                                                                                          of Regulation (EC) No 40/94
                                                                                                      — Incorrect       application    of
Action brought on 22 December 1999 by Telefon & Buch                                                      Article 7(1)(c) of Regulation
VerlagsgmbH against the Office for Harmonisation in the                                                   (EC) No 40/94
         Internal Market (Trade Marks and Designs)
                        (Case T-358/99)
                        (2000/C 102/58)
                                                                        Action brought on 24 December 1999 by Community
                  (Language of the case: German)                        Concepts AG against the Office for Harmonisation in the
                                                                                 Internal Market (Trade Marks and Designs)
An action against the Office for Harmonisation in the Internal                                  (Case T-360/99)
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on
22 December 1999 by Telefon & Buch VerlagsgmbH, of                                              (2000/C 102/59)
Perchtoldsdorf (Republic of Austria), represented by Hans
Georg Zeiner and Brigitte Heaman-Dunn, Rechtsanwälte, of
Messrs Zeiner & Zeiner, Vienna, with an address for service in                            (Language of the case: German)
Luxembourg at the Chambers of Marc Feider, of Messrs Beghin,
Feider, Allen & Overy, 56-58 Rue Charles Martel.                        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
The applicant claims that the Court should:                             24 December 1999 by Community Concepts AG, of Munich
                                                                        (Federal Republic of Germany) (formerly: Touchdown
— amend the decision adopted on 21 October 1999 by the                  Gesellschaft für erfolgsorientiertes Marketing mbH), represent-
    Third Board of Appeal of the Office for Harmonisation in            ed by Friederike Bahr, Rechtsanwältin, of BBLP Beiten Burk-
    the Internal Market (Trade Marks and Designs) in appeal             hardt Mittl & Wegener, Munich, with an address for service in
    No R 351/1999-3, in such a way that there are no                    Luxembourg at the Chambers of Messrs Decker, Braun &
    obstacles under Article 7(1)(b) and (c) of the Community            Wagner, 16 Avenue Marie-Thérèse.
    Trade Mark Regulation to registration of the Community
    trade mark UNIVERSALKOMMUNIKATIONSVERZEICH-                         The applicant claims that the Court should:
    NIS (application No 455873);
                                                                        — partially annul the decision adopted on 15 October
— alternatively, annul the decision adopted on 21 October                   1999 by the Third Board of Appeal of the Office for
    1999 by the Third Board of Appeal of the Office for                     Harmonisation in the Internal Market (Trade Marks and
    Harmonisation in the Internal Market (Trade Marks and                   Designs) in case No R 204/1999-3;
    Designs) in appeal No R 351/1999-3;
                                                                        — order the defendant to pay the costs.
— order the defendant to pay the costs.
                                                                        Pleas in law and main arguments
Pleas in law and main arguments
                                                                        The trade mark con-           The verbal mark ‘investorworld’
                                                                        cerned:                       — application No 924670
The trade mark con-           verbal      mark      ‘UNIVERSAL-
cerned:                       KOMMUNIKATIONSVERZEICH-                   Goods or service con-         Goods and services in Class 36
                              NIS’ — application No 455873              cerned:                       (including insurance and finance)