JUDGMENT OF THE COURT OF FIRST INSTANCE (Fourth Chamber)
14 June 2001 (1)
(Community trade mark - Word marks UNIVERSALTELEFONBUCH and UNIVERSALKOMMUNIKATIONSVERZEICHNIS - Absolute grounds for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94)
In Joined Cases T-357/99 and T-358/99,
Telefon & Buch VerlagsgmbH, established in Salzburg (Austria), represented by H.G. Zeiner and B. Heaman-Dunn, lawyers, with an address for service in Luxembourg,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by S. Bonne, A. von Mühlendahl and E. Joly, acting as Agents, with an address for service in Luxembourg,
defendant,
APPLICATION for annulment of two decisions of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 21 October 1999 in Cases R 351/1999-3 and R 352/1999-3 refusing registration of the words UNIVERSALTELEFONBUCH and UNIVERSALKOMMUNIKATIONSVERZEICHNIS as Community trade marks,
THE COURT OF FIRST INSTANCE
OF THE EUROPEAN COMMUNITIES (Fourth Chamber),
composed of: P. Mengozzi, President, V. Tiili and R.M. Moura Ramos, Judges,
Registrar: J. Palacio González, Administrator,
having regard to the applications lodged at the Court Registry on 22 December 1999,
having regard to the responses lodged at the Court Registry on 24 March 2000,
having regard to the joinder of the present cases for the purposes of the oral procedure and of the judgment, in accordance with Article 50 of the Rules of Procedure of the Court of First Instance
and further to the hearing on 8 March 2001,
gives the following
Class 9: Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers and recorded memory media for data processing installations and apparatus, in particular tapes, discs, CD-ROMs; sound recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus.
Class 16: Paper, cardboard and goods made from these materials, not included in other classes; printed matter, reference works, classified directories; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); playing cards; printers' type; printing blocks.
Class 41: Publishing services, in particular the publication of texts, books, magazines, newspapers.
Class 42 Editing of written texts.
Forms of order sought by the parties
- amend the contested decisions to the effect that no ground of refusal under Article 7(1)(b) and (c) of Regulation No 40/94 precludes registration as Community trade marks of the words UNIVERSALTELEFONBUCH and UNIVERSALKOMMUNIKATIONSVERZEICHNIS;
- alternatively, annul the contested decisions;
- order the Office to pay the costs.
- dismiss the application;
- order the applicant to pay the costs.
Law
Arguments of the parties
Findings of the Court
Costs
37. Under Article 87(2) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs if they have been asked for in the successful party's pleadings. Since the applicant has been unsuccessful, it must be ordered to pay the costs of the Office, as applied for by the latter.
On those grounds,
THE COURT OF FIRST INSTANCE (Fourth Chamber),
hereby:
1. Dismisses the applications;
2. Orders the applicant to pay the costs.
Mengozzi
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Delivered in open court in Luxembourg on 14 June 2001.
H. Jung P. Mengozzi
Registrar President
1: Language of the case: German.