CELEX: C2004/059/52
Language: en
Date: 2004-03-06 00:00:00
Title: Case T-1/04: Action brought on 2 January 2004 by Electronics for Imaging, Inc., against Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

6.3.2004              EN                          Official Journal of the European Union                                              C 59/33
In support of their claims the applicants submit that the                       as it refused the application for registration of VELOCITY
Commission, having only limited discretion, was obliged, in                     as a trade mark on the basis of Articles 7(1)(b) and (c) of
accordance with the principle of sound administration, to deal                  the CTMR;
diligently and impartially with the complaint in this case. They
argue that in that respect, that the Commission’s discretion in           —     order the Office to bear its own costs and pay those of
the matter at issue must correspond to the objective of                         the Applicant.
establishing a scheme which ensures that competition is not
distorted in the common market, so that the Member States
do not adopt, in favour of one undertaking, measures which
may give rise to the elimination or restriction of effective
competition in the market at issue.                                       Pleas in law and main arguments
                                                                          Trade mark concerned:           Verbal trade mark ‘VELOCITY’ —
This application also takes account of the fact that the                                                  Application No 1661842.
Commission itself has assessed the conditions of competition
in the referral decision, so as to include all the criteria which         Products or services:           Products and services in classes 9,
may be used for the purpose of determining whether the                                                    16, 37 and 42.
measures adopted maintain or preserve competition in the
markets at issue, and also that it has accepted commitments
                                                                          Challenged        Decision      Refusal of registration by the
which are substantially different in another current and very
                                                                          before the Board of             examiner.
similar case (M.2876 Newscorp/telepiú), and that therefore it
                                                                          Appeal:
cannot be claimed that the measures adopted by the Spanish
Government maintain or preserve competition in the markets
concerned.                                                                Pleas in law:                   Infringement of Article 7 (1) (b)
                                                                                                          and (c) of Regulation No 40/94.
(1) OJ L 395 of 30.12.89, p. 1.
                                                                          Action brought on 7 January 2004 by Simonds Farsons
                                                                          Cisk Plc., against the Office for Harmonisation in the
                                                                              Internal Market (Trade Marks and Designs) (OHIM)
Action brought on 2 January 2004 by Electronics for
Imaging, Inc., against Office for Harmonisation in the                                               (Case T-3/04)
    Internal Market (Trade Marks and Designs) (OHIM)
                                                                                                    (2004/C 59/53)
                          (Case T-1/04)
                                                                          (Language of the case to be determined pursuant to article 131(2) of
                         (2004/C 59/52)                                   the Rules of Procedure — language in which the case was submitted:
                                                                                                        English)
                  (Language of the case: English)
                                                                          An action against the Office for Harmonisation in the Internal
                                                                          Market (Trade Marks and Designs) (OHIM) was brought before
                                                                          the Court of First Instance of the European Communities on
An action against the Office for Harmonisation in the Internal            7 January 2004 by Simonds Farsons Cisk Plc., Mriehel, Malta,
Market (Trade Marks and Designs) (OHIM) was brought before                represented by Ms M. Bagnall and Mr I. Wood, Solictors and
the Court of First Instance of the European Communities on                Mr R. Hacon, Barrister. SA Spa Monopole, Compagnie fermière
2 January 2004 by Electronics for Imaging, Inc., Foster City,             de Spa, en abrégé SA Spa Monopole NV., was also a party to
California, USA, represented by Mr S. Malynicz, Barrister.                the proceedings before the Board of Appeal.
The applicant claims that the Court should:                               The applicant claims that the Court should:
—     annul the decision of the Fourth Board of Appeal dated              —     annul the Decision of the First Board of Appeal of
      25 August 2003, case number R 0793/2002-4 in so far                       4 November 2003;