CELEX: C2002/202/34
Language: en
Date: 2002-08-24 00:00:00
Title: Judgment of the Court of First Instance of 2 July 2002 in Case T-323/00: SAT.1 SatellitenFernsehen GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — "SAT. 2" — Absolute grounds for refusal — Article 7(1)(b) and (c) of Regulation (EC) No 40/94 — Equal treatment)

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;
                                                                                 —     ‘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
      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
in Case T-323/00: SAT.1 SatellitenFernsehen GmbH                                       audio cassettes, tapes and discs; theatrical performances
v Office for Harmonisation in the Internal Market (Trade                               and orchestra services’ within Class 41;
                 Marks and Designs) (OHIM) (1)
                                                                                 —     ‘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-
                          (2002/C 202/34)                                              ing; software development, in particular in the fields of
                                                                                       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
In Case T-323/00, SAT.1 SatellitenFernsehen GmbH, estab-                               passwords for users of various communication networks’
lished in Mainz (Germany), represented by R. Schneider,                                within Class 42;
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. Pir-
rung 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;