CELEX: C2003/213/58
Language: en
Date: 2003-09-06 00:00:00
Title: Judgment of the Court of First Instance of 3 July 2003 in Case T-122/01: Best Buy Concepts Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Figurative mark containing the word mark "best buy" — Absolute ground for refusal — Distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94)

C 213/30                 EN                          Official Journal of the European Union                                       6.9.2003
       as it charges to the applicant, for the mission to the Hague of       President, and P. Mengozzi and M. Vilaras, Judges; J. Plingers,
       12 to 18 August 1999, a sum overclaimed in respect of air             Administrator, for the Registrar, has given a judgment on
       travel costs of BEF 1 921 instead of BEF 1 291;                       25 June 2003, in which it:
2.     Orders the defendant to repay to the applicant the sum of             1.     Dismisses the application;
       EUR 15,62 together with interest to run from 26 June 2000,
       at the rate fixed by the European Central Bank for principal
       refinancing operations applicable for the period in question,         2.     Orders the parties to bear their own costs.
       increased by two points;
3.     Dismisses the remainder of the application;                           (1 ) OJ No C 150 of 19 May 2001.
4.     Orders the defendant to bear its own costs and to pay one-sixth
       of those incurred by the applicant.
( 1) OJ No C 79 of 10 March 2001.
                                                                                  JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                         of 3 July 2003
                                                                             in Case T-122/01: Best Buy Concepts Inc. v Office for
                                                                             Harmonisation in the Internal Market (Trade Marks and
     JUDGMENT OF THE COURT OF FIRST INSTANCE                                                         Designs) (OHIM) ( 1)
                                                                             (Community trade mark — Figurative mark containing the
                           of 25 June 2003                                   word mark ‘best buy’ — Absolute ground for refusal —
                                                                             Distinctive character — Article 7(1)(b) of Regulation (EC)
                                                                                                           No 40/94)
in Case T-72/01 Norman Pyres v Commission of the
                     European Communities ( 1)
                                                                                                        (2003/C 213/58)
(Officials — Internal competition — Exclusion from the oral
                                  test)                                                         (Language of the case: German)
                           (2003/C 213/57)
                                                                             In Case T-122/01, Best Buy Concepts Inc., established in Eden
                                                                             Prairie, Minnesota (United States), represented by S. Rojahn,
                      (Language of the case: French)
                                                                             lawyer, v Office for Harmonisation in the Internal Market
                                                                             (Trade Marks and Designs) (OHIM) (Agent: G. Schneider):
                                                                             Application for annulment of the decision of the Third Board
                                                                             of Appeal of the Office for Harmonisation in the Internal
                                                                             Market (Trade Marks and Designs) of 21 March 2001 (Case
In Case T-72/01 Norman Pyres, a former member of the                         R 44/2000-3) concerning an application for registration of a
temporary staff, residing in Brussels (Belgium), represented by              figurative mark containing the word mark ‘best buy’ as a
G. Vandersanden and L. Levi, avocats, against the Commission                 Community trade mark, the Court of First Instance (Second
of the European Communities (Agent: J. Currall) — application                Chamber), composed of: N.J. Forwood, President, J. Pirrung
for annulment of the decision of the Selection Board in                      and A.W.H. Meij, Judges; D. Christensen, Administrator, for
competition COM/TA/99 excluding the applicant from the                       the Registrar, has given a judgment on 3 July 2003, in which
oral test in the competition and of all subsequent operations                it:
and acts in the competition and, additionally, a claim for
damages for the loss allegedly suffered by the applicant — the
Court of First Instance (Fourth Chamber), composed of V. Tiili,              1.     Dismisses the application;
 ---pagebreak--- 6.9.2003                EN                         Official Journal of the European Union                                         C 213/31
2.     Orders the applicant to pay the costs.                              2.     Orders the applicant to pay the costs.
                                                                           (1 ) OJ C 245 of 1.9.2001.
( 1) OJ C 227 of 11.8.2001.
                                                                                JUDGMENT OF THE COURT OF FIRST INSTANCE
     JUDGMENT OF THE COURT OF FIRST INSTANCE                                                          of 9 July 2003
                                                                           in Case T-156/01: Laboratorios RTB, SL v Office for
                           of 3 July 2003                                  Harmonisation in the Internal Market (Trade Marks and
                                                                                                   Designs) (OHIM) ( 1)
in Case T-129/01: José Alejandro, SL v Office for Harmon-
isation in the Internal Market (Trade Marks and Designs)                   (Community trade mark — Invalidity proceedings —
                              (OHIM) (1)                                   Article 52(1)(a) of Regulation (EC) No 40/94 — Earlier
                                                                           figurative and word marks containing the word GIORGI —
                                                                           Application for Community word mark GIORGIO AIRE —
                                                                           Relative ground for refusal — Article 8(1)(b) of Regulation
(Community trade mark — Opposition procedure — Earlier                     No 40/94 — Proof of use — Article 56(2) and (3) of
national word marks BUD — Application for Community                                               Regulation No 40/94)
word mark BUDMEN — Relative ground for refusal —
            Article 8(1)(b) of Regulation No 40/94)
                                                                                                     (2003/C 213/60)
                          (2003/C 213/59)                                                     (Language of the case: Spanish)
                   (Language of the case: Spanish)
                                                                           In Case T-156/01, Laboratorios RTB, SL, established in Bigues
                                                                           i Riells (Spain), represented by A. Canela Giménez, lawyer, v
                                                                           Office for Harmonisation in the Internal Market (Trade Marks
                                                                           and Designs) (OHIM) (Agents: O. Montalto and J.F. Crespo
In Case T-129/01, José Alejandro SL, established in Alicante               Carrillo): Action brought against the decision of the First Board
(Spain), represented by I. Temiño Ceniceros, lawyer, v Office              of Appeal of the Office for Harmonisation in the Internal
for Harmonisation in the Internal Market (Trade Marks and                  Market (Trade Marks and Designs) of 11 April 2001 (Case
Designs) (OHIM) (Agents: F. López de Rego and J.F. Crespo                  R 258/2000-1), the Court of First Instance (Fourth Chamber),
Carrillo); Intervener, Anheuser-Busch Inc., established in Saint           composed of: V. Tiili, President, P. Mengozzi, and M. Vilaras,
Louis, Missouri (United States), represented by V. von                     Judges; B. Pastor, Deputy Registrar, has given a judgment on
Bomhard, lawyer: Action brought against the decision of the                9 July 2003, in which it:
First Board of Appeal of the Office for Harmonisation in the
Internal Market (Trade Marks and Designs) of 20 March 2001
(Case R 230/2000-1), concerning an opposition procedure                    1.     Dismisses the application;
between Anheuser-Busch Inc. and José Alejandro SL, the
Court of First Instance (Second Chamber), composed of:                     2.     Orders the applicant to pay the costs.
N.J. Forwood, President, J. Pirrung and A.W.H. Meij, Judges;
J. Palacio González, Principal Administrator, for the Registrar,
has given a judgment on 3 July 2003, in which it:
                                                                           (1 ) OJ C 259 of 15.9.2001.
1.     Dismisses the action;