Case T-154/03: Judgment of the Court of First Instance of  17 November 2005  — Biofarma v OHIM (Community trade mark — Opposition proceedings — Earlier national word marks ARTEX — Application for Community word mark ALREX — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94)
Date: 2006-01-14
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), pharmaceutical industry, trade-mark law

14.1.2006

EN

Official Journal of the European Union

C 10/19

COURT OF FIRST INSTANCE

Action

Appeal chamber

(2006/C 10/36)

On 6 December 2005 the Court of First Instance decided, in
accordance with Article 12 of its Rules of Procedure, that for
the period from 12 December 2005 to 31 August 2007
appeals brought against decisions of the Civil Service Tribunal
are to be assigned, as soon as the application initiating proceed-
ings has been lodged and without prejudice to subsequent
application of Articles 14 and 51 of the Rules of Procedure, to
an appeal chamber.

brought against the decision of the Third Board of Appeal of
OHIM of 5 February 2003 (Case R 370/2002 3), concerning
opposition proceedings between Biofarma SA and Bausch &
Lomb Pharmaceuticals, Inc.

Operative part of the judgment

The Court:

The appeal chamber is to be composed of the President of the
Court of First Instance and of the Presidents of the Second,
Third, Fourth and Fifth Chambers (all Extended Composition).

1. Annuls the decision of the Third Board of Appeal of the Office for
Harmonisation in the Internal Market (Trade Marks and Designs)
(OHIM) of 5 February 2003 (Case R 370/2002-3);

For the period from 12 December 2005 to 31 August 2007
the following are in consequence attached to the appeal
chamber sitting with five Judges:

Mr Vesterdorf, President, and Messrs Jaeger, Pirrung, Vilaras
and Legal, Judges.

2. Orders OHIM to bear its own costs and to pay those incurred by

the applicant;

3. Orders the intervener to bear its own costs.

(1) OJ C 158, 5.7.2003.

Judgment of the Court of First Instance of 17 November
2005 — Biofarma v OHIM

(Case T-154/03) (1)

(Community trade mark — Opposition proceedings —
Earlier national word marks ARTEX — Application for
Community word mark ALREX — Relative ground for
refusal — Likelihood of confusion — Article 8(1)(b) of Regu-
lation (EC) No 40/94)

(2006/C 10/37)

Language of the case: Dutch

Parties

Applicant(s): Biofarma SA (Neuilly-sur-Seine, France)
(repre-
sented by V. Gil Vega, A. Ruiz López and D. Gonzalez Maroto,
lawyers)

Defendant(s): Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by W. Verburg and A.
Folliard-Monguiral, Agents)

Other party or parties to the proceedings before the Board of Appeal
of OHIM intervening before the Court of First Instance: Bausch &
Lomb Pharmaceuticals,
(Tampa, Florida, United States)
(represented by S. Klos, lawyer)

Inc.

Judgment of the Court of First Instance of 9 November
2005 — Focus Magazin Verlag GmbH v OHIM

(Case T-275/03) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for Community word mark Hi-FOCuS — Earlier
national word mark FOCUS — Scope of the examination
conducted by the Board of Appeal — Assessment of evidence
produced before the Board of Appeal)

(2006/C 10/38)

Language of the case: German

Parties

Applicant(s): Focus Magazin Verlag GmbH (Munich, Germany)
(represented by: U. Gürtler, lawyer)

Defendant(s): Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: A. von Mühlendahl,
B. Müller and G. Schneider, acting as Agents)

Other party or parties to the proceedings before the Board of Appeal
of OHIM: ECI Telecom Ltd (Petah Tikva, Israel)