CELEX: C2002/144/90
Language: en
Date: 2002-06-15 00:00:00
Title: Judgment of the Court of First Instance 20 March 2002 in Case T-356/00: DaimlerChrysler AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — "CARCARD" — Absolute grounds for refusal — Article 7(1)(b) and (c) of Regulation (EC) No 40/94)

15.6.2002               EN                      Official Journal of the European Communities                                           C 144/43
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                      —    ‘rental and leasing of data processing equipment; booking
                                                                                      and payment processing programming; providing of food
                                                                                      and drink; arranging and/or reserving hotel or guesthouse
                           20 March 2002                                              accommodation’ within Class 42;
                                                                           2.    As to the remainder, dismisses the action;
in Case T-356/00: DaimlerChrysler AG v Office for
Harmonisation in the Internal Market (Trade Marks and                      3.    Orders the applicant to pay its own costs and half of the
                        Designs) (OHIM) (1)                                      defendant’s costs; the defendant is to pay the other half of its
                                                                                 own costs.
(Community trade mark — ‘CARCARD’ — Absolute
grounds for refusal — Article 7(1)(b) and (c) of Regulation                (1) OJ C 28 of 27.1.2001.
                           (EC) No 40/94)
                          (2002/C 144/90)
                   (Language of the case: German)
                                                                               JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                      20 March 2002
In Case T-356/00, DaimlerChrysler AG, established in Stuttgart
                                                                           in Case T-358/00: DaimlerChrysler AG v Office for
(Germany), represented by S. Völker, lawyer, v Office for
                                                                           Harmonisation in the Internal Market (Trade Marks and
Harmonisation in the Internal Market (Trade Marks and
                                                                                                   Designs) (OHIM) (1)
Designs) (OHIM) (Agents: A. von Mühlendahl and D. Schen-
nen): Action brought against the decision of the Third Board
of Appeal of the Office for Harmonisation in the Internal                  (Community trade mark — ‘TRUCKCARD’ — Absolute
Market (Trade Marks and Designs) of 12 September 2000                      grounds for refusal — Article 7(1)(b) and (c) of Regulation
(Case R 477/1999-3) relating to registration of the word                                              (EC) No 40/94)
‘CARCARD’ as a Community trade mark, the Court of First
Instance (Second Chamber, Extended Composition), composed
of: R. M. Moura Ramos, President, V. Tiili, J. Pirrung, P. Men-                                      (2002/C 144/91)
gozzi and A. W. H. Meij, Judges; H. Jung, Registrar, has given
a judgment on 20 March 2002, in which it:                                                     (Language of the case: German)
1.    Annuls the decision of the Third Board of Appeal of the Office
      for Harmonisation in the Internal Market (Trade Marks and            In Case T-358/00, DaimlerChrysler AG, established in Stuttgart
      Designs) of 12 September 2000 (Case R 477/1999-3) as                 (Germany), represented by S. Völker, lawyer, v Office for
      regards the following categories of goods and services:              Harmonisation in the Internal Market (Trade Marks and
                                                                           Designs) (OHIM) (Agents: A. von Mühlendahl and D. Schen-
                                                                           nen): Action brought against the decision of the Third Board
      —    ‘stationary and transportable data processing equipment;        of Appeal of the Office for Harmonisation in the Internal
           programmes on data carriers for data and/or text and/or         Market (Trade Marks and Designs) of 12 September 2000
           image processing’ within Class 9;                               (Case R 569/1999-3) relating to registration of the word
                                                                           ‘TRUCKCARD’ as a Community trade mark, the Court of First
                                                                           Instance (Second Chamber, Extended Composition), composed
      —    ‘arranging and processing of the payment of charges,            of: R. M. Moura Ramos, President, V. Tiili, J. Pirrung, P. Men-
           namely telephone charges; financing and sales financing         gozzi and A. W. H. Meij, Judges; H. Jung, Registrar, has given
           including arrangement thereof; processing of payments for       a judgment on 20 March 2002, in which it:
           services and guarantees’ within Class 36;
                                                                           1.    Annuls the decision of the Third Board of Appeal of the Office
      —    ‘arranging of services and guarantees’ within Class 37;               for Harmonisation in the Internal Market (Trade Marks and
                                                                                 Designs) of 12 September 2000 (Case R 569/1999-3) as
                                                                                 regards the following categories of goods and services:
      —    ‘arranging of telecommunications services, namely tele-
           phones, speech recording services, information services;              —    stationary and transportable data processing equipment;
           telecommunications services, namely telephones, speech                     programmes on data carriers for data and/or text and/or
           recording services, information services’ within Class 38;                 image processing’ within Class 9;