CELEX: C2005/193/42
Language: en
Date: 2005-08-06 00:00:00
Title: Judgment of the Court of First Instance of 8 June 2005 in Case T-315/03 Hans-Peter Wilfer v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Word mark ROCKBASS — Absolute grounds for refusal — Article 7(1)(c) of Regulation (EC) No 40/94 — Examination of the facts by the Board of Appeal of its own motion — Failure to take into account evidence produced by the applicant — Article 74(1) and (2) of Regulation (EC) No 40/94)

6.8.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 193/26
            
         
      JUDGMENT OF THE COURT OF FIRST INSTANCE
   
   of 8 June 2005
   in Case T-315/03 Hans-Peter Wilfer v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (1)
   
   (Community trade mark - Word mark ROCKBASS - Absolute grounds for refusal - Article 7(1)(c) of Regulation (EC) No 40/94 - Examination of the facts by the Board of Appeal of its own motion - Failure to take into account evidence produced by the applicant - Article 74(1) and (2) of Regulation (EC) No 40/94)
   (2005/C 193/42)
   Language of the case: German
   In Case T-315/03: Hans-Peter Wilfer, resident in Markneukirchen (Germany), represented by A. Kockläuner, lawyer, against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agents: D. Schennen and G. Schneider) — action against the decision of the First Board of Appeal of OHIM of 11 July 2003 in Case R 266/2002-1 concerning registration of the word sign ROCKBASS as a Community trade mark — the Court of First Instance (Fourth Chamber), composed of H. Legal, President, P. Lindh and V. Vadapalas, Judges; I. Natsinas, Administrator, for the Registrar, gave a judgment on 8 June 2005, in which it:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders the applicant to pay three-quarters of its own costs and three-quarters of the costs incurred by OHIM;
            
         
               3.
            
            
               Orders OHIM to pay one quarter of its own costs and one quarter of the costs incurred by the applicant.
            
         
      (1)  OJ C 289 of 29.11.2003.