CELEX: C2002/144/86
Language: en
Date: 2002-06-15 00:00:00
Title: Judgment of the Court of First Instance 27 February 2002 in Case T-79/00: Rewe Zentral AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — "LITE" — Observance of the rights of defence — Immaterial plea — Absolute ground for refusal — Article 7(1)(b) of Regulation (EC) No 40/94)

15.6.2002              EN                      Official Journal of the European Communities                                          C 144/41
3.    Orders the defendant to pay the costs.                                  JUDGMENT OF THE COURT OF FIRST INSTANCE
(1) OJ C 122 of 29.4.2000.                                                                         27 February 2002
                                                                          in Case T-106/00: Streamserve Inc. v Office for Harmonis-
                                                                          ation in the Internal Market (Trade Marks and Designs)
                                                                                                        (OHIM) (1)
                                                                          (Community trade mark — Term STREAMSERVE — Absol-
                                                                          ute grounds for refusal — Article 7(1)(b) and (c) of
    JUDGMENT OF THE COURT OF FIRST INSTANCE                               Regulation (EC) No 40/94 — Prior national registrations —
                                                                                            Principle of non-discrimination)
                        27 February 2002
                                                                                                    (2002/C 144/87)
in Case T-79/00: Rewe Zentral AG v Office for Harmonis-
ation in the Internal Market (Trade Marks and Designs)
                            (OHIM) (1)
                                                                                              (Language of the case: English)
(Community trade mark — ‘LITE’ — Observance of the
rights of defence — Immaterial plea — Absolute ground for
   refusal — Article 7(1)(b) of Regulation (EC) No 40/94)
                                                                          In Case T-106/00, Streamserve Inc., established in Raleigh,
                         (2002/C 144/86)                                  North Carolina (United States of America), represented by
                                                                          M. Nedstrand, lawyer, v Commission of the European Com-
                                                                          munities (Agents: A. di Carlo and G. Humphreys): Action
                  (Language of the case: German)                          brought against the decision of the Second Board of Appeal of
                                                                          the Office for Harmonisation in the Internal Market (Trade
                                                                          Marks and Designs) of 28 February 2000 (Case R 423/1999-
                                                                          2) concerning registration of the term STREAMSERVE as a
                                                                          Community trade mark, Court of First Instance (Fourth
In Case T-79/00, Rewe Zentral AG, established in Cologne                  Chamber), composed of: P. Mengozzi, President, V. Tiili and
(Germany), represented by M. Kinkeldey, lawyer, v Office for              R. M. Moura Ramos, Judges; D. Christensen, Administrator,
Harmonisation in the Internal Market (Trade Marks and                     for the Registrar, has given a judgment on 27 March 2002, in
Designs) (OHIM) (Agents: initially V. Melgar and P. von Kapff,            which it:
and, subsequently, Melgar and G. Schneider): Action brought
against the decision of the Third Board of Appeal of the Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) of 27 January 2000 (Case R 275/1999-3) concerning                1.    Annuls the decision of the Second Board of Appeal of the Office
the registration of ‘LITE’ as a Community trade mark, the                       for Harmonisation in the Internal Market (Trade Marks and
Court of First Instance (Fourth Chamber), composed of:                          Designs) of 28 February 2000 (Case R 423/1999-2) as
P. Mengozzi, President, V. Tiili and R. M. Moura Ramos,                         regards goods in the categories ‘manuals’ and ‘publications’;
Judges; D. Christensen, Administrator, for the Registrar, has
given a judgment on 27 February 2002, in which it:
                                                                          2.    For the rest, dismisses the application;
1.    Dismisses the application;                                          3.    Orders the applicant to bear it own costs and to pay two thirds
                                                                                of the defendant’s costs and orders the defendant to bear one
2.    Orders each party to bear its own costs.                                  third of its own costs.
(1) OJ C 163 of 10.6.2000.                                                (1) OJ C 176 of 24.6.2000.