Language of document :

Notice for the OJ

 

     JUDGMENT OF THE COURT OF FIRST INSTANCE

     2 July 2002

in Case T-323/00: SAT.1 SatellitenFernsehen GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)(1)

    (Community trade mark ( 'SAT. 2' ( Absolute grounds for refusal ( Article 7(1)(b) and (c) of Regulation (EC) No 40/94 ( Equal treatment)

    (Language of the case: German)

In Case T-323/00, SAT.1 SatellitenFernsehen GmbH, established in Mainz (Germany), represented by R. Schneider, lawyer, v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agents: A. von Mühlendahl and C. Røhl Søberg): Action brought against the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 2 August 2000 (Case R 312/1999-2), the Court of First Instance (Second Chamber), composed of: R.M. Moura Ramos, President, J. Pirrung and A.W.H. Meij, Judges; J. Plingers, Administrator, for the Registrar, has given a judgment on 2 July 2002, in which it:

1.Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 2 August 2000 (Case R 312/1999-2) in so far as the Board failed to rule on the appeal before it as regards the services within Class 35;

2.Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 2 August 2000 (Case R 312/1999-2) in so far as the Board dismissed the appeal before it as regards the following categories of services:

('Services relating to a database' within Class 38;

('Production and reproduction of data, speech, text, sound and image recordings on video and/or audio cassettes, tapes and discs (including CD-ROMs and CD-i's) and of video games (computer games); demonstration and rental of video and/or audio cassettes, tapes and discs (including CD-ROMs and CD-i's) and of video games (computer games); rental of television receiving apparatus and decoders; education, providing of training, entertainment; sporting and cultural activities; conducting competitions in the fields of training, teaching, entertainment and sports; distance learning courses; publishing books, periodicals and other printed matter and associated electronic media (including CD-ROMs and CD-i's); conducting concert, theatre and entertainment events and sporting competitions; production of films and videos and radio and television programmes of a training, teaching and entertaining nature, including such production for children and young people; production, reproduction, showing and rental of sound and image recordings on video and/or audio cassettes, tapes and discs; theatrical performances and orchestra services' within Class 41;

('Issuing, negotiating, rental and other exploitation of rights to films, television and video productions and other image and sound programmes; copyright and industrial property rights exploitation for others; exploitation of film and television ancillary rights in the field of merchandising; software development, in particular in the fields of multimedia, interactive television and Pay-TV; operation of networks for the transfer of messages, images, text, speech and data; technical consultancy in the field of multimedia, interactive television and Pay-TV (included in class 42); computer programming, including video and computer games; arranging and allocating of user passwords for users of various communication networks' within Class 42;

3.Dismisses the remainder of the application;

4.Orders the parties to bear their own costs.

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1 - OJ C 4 of 6.1.2001