Notice for the OJ
JUDGMENT OF THE COURT OF FIRST INSTANCE
20 March 2002
in Case T-358/00: DaimlerChrysler AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)(
1)
(Community trade mark ( 'TRUCKCARD' ( Absolute grounds for refusal ( Article 7(1)(b) and (c) of Regulation (EC) No 40/94)
(Language of the case: German)
In Case T-358/00, DaimlerChrysler AG, established in Stuttgart (Germany), represented by S. Völker, lawyer, v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agents: A. von Mühlendahl and D. Schennen): Action brought against the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 12 September 2000 (Case R 569/1999-3) relating to registration of the word 'TRUCKCARD' as a Community trade mark, the Court of First Instance (Second Chamber, Extended Composition), composed of: R.M. Moura Ramos, President, V. Tiili, J. Pirrung, P. Mengozzi and A.W.H. Meij, Judges; H. Jung, Registrar, has given a judgment on 20 March 2002, in which it:
1.Annuls the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 12 September 2000 (Case R 569/1999-3) as regards the following categories of goods and services:
('stationary and transportable data processing equipment; programmes on data carriers for data and/or text and/or image processing' within Class 9;
('arranging and processing of the payment of charges, namely telephone charges; financing and sales financing including arrangement thereof; processing of payments for services and guarantees' within Class 36;
('arranging of services and guarantees' within Class 37;
('arranging of telecommunications services, namely telephones, speech recording services, information services; telecommunications services, namely telephones, speech recording services, information services' within Class 38;
('rental and leasing of data processing equipment; booking and payment processing programming; providing of food and drink; arranging and/or reserving hotel or guesthouse accommodation' within Class 42;
2.As to the remainder, dismisses the action;
3.Orders the applicant to pay its own costs and half of the defendant's costs; the defendant is to pay the other half of its own costs.
____________1 - OJ C 28 of 27.1.2001