Order — ECLI:EU:T:2008:313
Date: 2008-09-08
Language of the case: German
Court formation: Seventh Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Word marks applied for
Procedure: Action for annulment - unfounded

Order of the Court of First Instance of 8 September 2008 - Rath v OHIM - Grandel (Epican) (Case T-374/06) 1 (Community trade mark - Opposition proceedings - Application for registration of the Community word mark Epican - Earlier Community word mark EPIGRAN - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 - Action manifestly lacking any foundation in law) Language of the case: German Parties Applicant: Matthias Rath (Cape Town, South Africa) (represented by: S. Ziegler, C. Kleiner and F. Dehn, lawyers) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent) Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Dr. Grandel GmbH (Augsburg, Germany) (represented by: G. Hodapp, lawyer) Re: Action brought against the decision of the First Board of Appeal of OHIM of 5 October 2006 (Case R 1324/2005-1), relating to opposition proceedings between Dr. Grandel GmbH and Matthias Rath. Operative part of the order 1. The action is dismissed as manifestly lacking any foundation in law. 2. Matthias Rath shall bear his own costs and those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and Dr. Grandel GmbH. ____________ 1 - OJ C 42, 24.2.2007.