CELEX: C2004/021/71
Language: en
Date: 2004-01-24 00:00:00
Title: Judgment of the Court of First Instance of 25 November 2003 in Case T-286/02: Oriental Kitchen SARL v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition proceedings — Application for the Community word mark KIAP MOU — Earlier national word marks MOU — Refusal to register)

24.1.2004              EN                         Official Journal of the European Union                                         C 21/33
    JUDGMENT OF THE COURT OF FIRST INSTANCE                               against Economic and Social Committee of the European
                                                                          Communities (Agents: M. Bermejo Garde and D. Waelbroeck)
                     of 26 November 2003                                  — application for annulment of the decisions of the Bureau
                                                                          of the Economic and Social Committee of the European
                                                                          Communities of 20 September 2001 rejecting the applicant’s
in Case T-222/02: HERON Robotunits GmbH v Office for                      candidature for the post of head of the Italian Translation
Harmonisation in the Internal Market (Trade Marks and                     and Transcription Division of the Logistics and Translation
                       Designs) (OHIM) (1)                                Directorate and the decision of 16 October 2001 appointing
                                                                          another candidate to the post — the Court of First Instance
(Community trade mark — Word mark ROBOTUNITS —                            (Fifth Chamber), composed of R. García-Valdecasas, President,
Absolute grounds for refusal — Article 7(1)(c) of Regulation              and P. Lindh and J. D. Cooke, Judges; J. Palacio González,
           (EC) No 40/94 — Descriptive character)                         Principal Administrator, for the Registrar, gave a judgment on
                                                                          11 November 2003, in which it:
                          (2004/C 21/69)
                                                                          1.    dismisses the application.
                  (Language of the case: German)
                                                                          2.    orders the parties to bear their own costs.
In Case T-222/02, HERON Robotunits GmbH, established
                                                                          (1) OJ C 247 of 12.10.2002.
in Lustenau (Austria), represented by M. Bergermann and
R. Hackbarth, lawyers, v Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (OHIM) (Agents:
S. Bonne and G. Schneider): Action against the decision of the
First Board of Appeal of the Office for Harmonisation in the
Internal Market (Trade Marks and Designs) of 6 May 2002
(Case R 1095/2000-1) refusing to register the word mark
ROBOTUNITS as a Community trade mark, the Court of First
Instance (Fourth Chamber), composed of: V. Tiili, President,                  JUDGMENT OF THE COURT OF FIRST INSTANCE
P. Mengozzi and M. Vilaras, Judges; J. Plingers, Administrator,
Registrar, has given a judgment on 26 November 2003, in                                         of 25 November 2003
which it:
                                                                          in Case T-286/02: Oriental Kitchen SARL v Office for
1.    Dismisses the action;                                               Harmonisation in the Internal Market (Trade Marks and
                                                                                                  Designs) (OHIM) (1)
2.    Orders the applicant to pay the costs.
                                                                          (Community trade mark — Opposition proceedings —
(1) OJ C 233 of 28.9.2002.                                                Application for the Community word mark KIAP MOU —
                                                                            Earlier national word marks MOU — Refusal to register)
                                                                                                     (2004/C 21/71)
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                     of 11 November 2003                                                      (Language of the case: French)
in Case T-248/02: Carla Faita v Economic and Social
        Committee of the European Communities (1)
                                                                          In Case T-286/02, Oriental Kitchen SARL, established in
                                                                          Choisy-le-Roi (France), represented by J.-J. Sebag, lawyer, v
(Officials — Vacancies — Article 29(1) of the Staff Regu-                 Office for Harmonisation in the Internal Market (Trade Marks
lations — Appointments procedure — Manifest error of                      and Designs) (OHIM) (Agents: B. Lory, O. Waelbroeck and
             assessment — Statement of reasons)                           O. Montalto), the intervener before the Court being Mou
                                                                          Dybfrost A/S, established in Esbjerg N (Denmark), represented
                          (2004/C 21/70)                                  by T. Steffensen, lawyer: Action against the decision of the
                                                                          Fourth Board of Appeal of the Office for Harmonisation in the
                   (Language of the case: French)                         Internal Market (Trade Marks and Designs) of 28 June 2002
                                                                          (Case R 114/2001-4) in respect of the opposition of the
                                                                          proprietor of the national trade marks MOU to registration of
                                                                          the sign KIAP MOU as a Community trade mark, the Court of
In Case T-248/02: Carla Faita, official of the Economic and               First Instance (Second Chamber), composed of: N. J. Forwood,
Social Committee of the European Communities, residing in                 President, J. Pirrung and A. W. H. Meij, Judges; D. Christensen,
Brussels, represented by A. Coolen, J.-N. Louis, É. Marchal and           Administrator, for the Registrar, has given a judgment on
S. Orlandi, with an address for service in Luxembourg,                    25 November 2003, in which it:
 ---pagebreak--- C 21/34                EN                         Official Journal of the European Union                                             24.1.2004
1.    Dismisses the application;                                                ORDER OF THE COURT OF FIRST INSTANCE
2.    Orders the applicant to pay the costs.
                                                                                                 of 15 October 2003
(1) OJ C 289 of 23.11.2002.
                                                                          in Case T-372/02: Internationaler Hilfsfonds eV v Com-
                                                                                    mission of the European Communities (1)
                                                                          (Development cooperation — European Community
                                                                          Humanitarian Office — Framework partnership agreement
                                                                          for the co-financing of operations carried out by NGOs —
    JUDGMENT OF THE COURT OF FIRST INSTANCE                               Rejection of an application — Action for annulment —
                                                                                                      Inadmissible)
                     of 27 November 2003
                                                                                                    (2004/C 21/73)
in Case T-348/02: Quick restaurants SA v Office for
Harmonisation in the Internal Market (Trade Marks and
                      Designs) (OHIM)1 (1)
                                                                                             (Language of the case: English)
(Community trade mark — Trade mark consisting of the
word Quick — Absolute ground for refusal — Descriptive
character — Article 7(1)(c) of Regulation (EC) No 40/94 —
                  Registration refused in part)
                                                                          In Case T-372/02, Internationaler Hilfsfonds eV, established in
                                                                          Rosbach (Germany), represented by H. Kaltenecker, lawyer, v
                          (2004/C 21/72)                                  Commission of the European Communities (Agents: M. Wil-
                                                                          derspin and S. Fries): Application for (i) annulment of the
                                                                          Commission’s decision of 22 October 2002 rejecting the
                   (Language of the case: French)                         application by the applicant to sign a framework partnership
                                                                          agreement with the European Community Humanitarian
                                                                          Office (ECHO), (ii) an order requiring the Commission either
                                                                          to reinstate the applicant in the position it had in 1996 when
                                                                          it applied to sign a framework partnership agreement or,
In Case T-348/02, Quick restaurants SA, established in Brussels           alternatively, to invite it to sign the framework partnership
(Belgium), represented by L. Van Bunnen, lawyer, with an                  agreement now in force and (iii) an order requiring the
address for service in Luxembourg, v Office for Harmonisation             Commission to reimburse to the applicant the costs relating to
in the Internal Market (Trade Marks and Designs) (OHIM)                   its complaint to the European Ombudsman, the Court of First
(Agents: A. Rassat and S. Laitinen): Action for partial annul-            Instance (Fifth Chamber), composed of: P. Lindh, President,
ment of the decision of the Second Board of Appeal of the                 R. García-Valdecasas and J. D. Cooke, Judges; H. Jung, Registrar,
Office for Harmonisation in the Internal Market (Trade Marks              has made an order on 15 October 2003, the operative part of
and Designs) of 17 September 2002 (Case R 1117/2000-2)                    which is as follows:
concerning registration of the word Quick as a Community
trade mark, the Court of First Instance (Fourth Chamber),
composed of: V. Tiili, President, P. Mengozzi and M. Vilaras,
Judges; B. Pastor, Deputy Registrar, has given a judgment on              1.    The application is dismissed as inadmissible in its entirety.
27 November 2003, in which it:
                                                                          2.    The applicant shall bear its own costs and those incurred by the
1.    Dismisses the action;                                                     Commission.
2.    Orders the applicant to pay the costs.
                                                                          (1) OJ C 31 of 8.2.2003.
(1) OJ C 31 of 8.2.2003.