(a)use of the EU trade mark in a form differing in elements which do not alter the distinctive character of the mark in the form in which it was registered, regardless of whether or not the trade mark in the form as used is also registered in the name of the proprietor.

use of the Community trade mark in a form differing in elements which do not alter the distinctive character of the mark in the form in which it was registered.

The Court of First Instance, first, dismisses Castellblanch’s allegations concerning use by Champagne Louis Roederer SA of the mark CRISTAL in a form differing from that under which it was registered.

Therefore, contrary to what the appellant submits, where a three-dimensional mark is constituted by the shape of the product for which registration is sought, the mere fact that that shape is a ‘variant’ of a common shape of that type of product is not sufficient to establish that the mark is not devoid of any distinctive character for the purposes of Article 7(1)(b) of Regulation No 40/94.

With regard to the arrangement between the Department of Fisheries and Oceans and the sport fishing lodges in 1995 to provide daily catch data to the department through the offices of the Sport Fishing Institute of British Columbia (SFI): (a) catch by anglers from sport fishing lodges accounted for approximately what part or portion of the total chinook sport catch; (b) what was the nature of this arrangement; (c) when was this arrangement negotiated; (d) When did the arrangement become operational; (e) why was it necessary (the Fisheries Act requires the lodges to provide the data to the DFO directly); (f) were there problems in the fishery in 1995 that made it important to have accurate catch data on a daily or weekly basis; (g) wha ...[+++]t were the nature of these problems; (h) what management actions were undertaken to deal with these problems; (i) in addressing any of the problems identified above did DFO fisheries scientists find the catch data provided through SFI to be accurate, timely and useful; (j) in addressing any of the problems identified above did DFO fisheries managers find the catch data provided through SFI accurate, timely and useful; (k) when was the catch data received through SFI from the Oak Bay Marine Group lodge M.V. Marabell; (l) was the catch data in (k) received in a form and at a time as required by the Fisheries Act; (m) was the catch data in (k) received in a form and at a time so as to allow the department to use it to effectively manage the fishery; (n) how did the data in (k) compare to what would have been received if it had been given on-the-grounds to the department as originally requested and as required by the Fisheries Act; (o) when was the catch data received through SFI from the Oak Bay Marine Group lodge King Salmon Resort; (p) was the catch data in (o) received in a form and at a time as required by the Fisheries Act; (q) was the catch data in (l) received in a form and at a time so as to allow the department to ...

4) The Council reached agreement on the work programme in the field of ONP for the next years. In particular, this programme provides that : there will be specific ONP Directives for leased lines and voice telephony; by 1 January 1991, technical interfaces and services features concerning packet-switched data transmission and the ISDN will be established and could be made mandatory according to the procedure mentioned above; ONP conditions will be adopted in the form of recommendations by 1 July 1991 and 1 January 1992 for packet-switched data transmission and the ISDN respectively; -2- the Council will examine Commisson proposals in ...[+++]1992 and thereafter by which the recommendations mentioned above would be transposed into directives. THE SERVICES DIRECTIVE On 28 June 1989, the Commission had adopted a first draft of the Services Directive on the basis of Article 90(3) of the Treaty. However, the Commission postponed its entry into force so that the Council of Ministers would have sufficient time to adopt the Directive on Open Network Provision (the ONP Directive). Thus, the Commission wished to see the Services Directive entering into force on the same day as the ONP Directive. The basic concept of the Services Directive is as follows : The exclusive or special rights of the PTTs in the field of telecommunications services have to be abolished, with the exception of voice telephony and the network infrastructure.