CELEX: C2003/213/61
Language: en
Date: 2003-09-06 00:00:00
Title: Judgment of the Court of First Instance of 9 July 2003 in Case T-162/01: Laboratorios RTB, SL v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition procedure — Earlier figurative and word marks containing the word GIORGI — Application for Community word mark GIORGIO BEVERLY HILLS — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 40/94)

C 213/32                EN                         Official Journal of the European Union                                         6.9.2003
     JUDGMENT OF THE COURT OF FIRST INSTANCE                                    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                     of 9 July 2003
                           of 9 July 2003                                  in Case T-234/01, Andreas Stihl AG & Co. KG v Office
                                                                           for Harmonisation in the Internal Market (Trade Marks
                                                                                               and Designs) (OHIM) (1)
in Case T-162/01: Laboratorios RTB, SL v Office for
                                                                           (Community trade mark — Colours — Combination of
Harmonisation in the Internal Market (Trade Marks and
                                                                           orange and grey — Absolute ground for refusal — Distinc-
                        Designs) (OHIM) ( 1)
                                                                           tive character — Article 7(1)(b) of Regulation (EC) No 40/
                                                                                                           94)
(Community trade mark — Opposition procedure — Earlier                                              (2003/C 213/62)
figurative and word marks containing the word GIORGI —
Application for Community word mark GIORGIO BEVER-                                           (Language of the case: German)
LY HILLS — Relative ground for refusal — Article 8(1)(b)
                  of Regulation (EC) No 40/94)
                                                                           In Case T-234/01, Andreas Stihl AG & Co. KG, established in
                                                                           Waiblingen (Germany), represented by S. Völker and A. Klett,
                                                                           lawyers, with an address for service in Luxembourg, against
                          (2003/C 213/61)                                  the Office for Harmonisation in the Internal Market (Trade
                                                                           Marks and Designs) (OHIM) (Agent: G. Schneider) — appli-
                                                                           cation for annulment of the decision of the First Board of
                                                                           Appeal of the Office for Harmonisation in the Internal Market
                   (Language of the case: Spanish)                         (Trade Marks and Designs) of 24 July 2001 (Case R 477/2000-
                                                                           1), refusing registration of a combination of the colours orange
                                                                           and grey as a Community trade mark, the Court of First
                                                                           Instance (Fourth Chamber), composed of V. Tiili, President,
                                                                           P. Mengozzi and M. Vilaras, Judges; Registrar: B. Pastor,
                                                                           Assistant Registrar, has given a judgment on 9 July 2003 in
                                                                           which it:
In Case T-162/01, Laboratorios RTB, SL, established in Bigues
i Riells (Spain), represented by A. Canela Giménez, lawyer, v              (1) Dismisses the action.
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM) (Agents: O. Montalto and J.F. Crespo                   (2) Orders the applicant to pay the costs.
Carrillo), the other party to the proceedings before the Board
of Appeal of the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) being: Giorgio Beverly Hills,             (1 ) OJ 2001 C 348.
Inc., established in Santa Monica, California (United States of
America): Action brought against the decision of the First
Board of Appeal of the Office for Harmonisation in the
Internal Market (Trade Marks and Designs) of 30 April 2001
(Case R 122/2000-1), the Court of First Instance (Fourth
Chamber), composed of: V. Tiili, President, P. Mengozzi and                     JUDGMENT OF THE COURT OF FIRST INSTANCE
M. Vilaras, Judges; B. Pastor, Deputy Registrar has given a
judgment on 9 July 2003, in which it:                                                                of 8 July 2003
                                                                           in Case T-65/02: Michelle Chetaud v European Parlia-
                                                                                                         ment ( 1)
1.     Dismisses the application;
                                                                           (Officials — Pension — Weighting applicable — Proof of
                                                                           residence — Suspension of measure — Effect on the burden
2.     Orders the applicant to pay the costs.                                                           of proof)
                                                                                                    (2003/C 213/63)
( 1) OJ C 303 of 27.10.2001.                                                                  (Language of the case: French)
                                                                           In Case T-65/02: Michelle Chetaud, former official of the
                                                                           European Parliament, residing in Nice (France), represented by