Case T-414/05: Action brought on  22 November 2005  — NHL Enterprises/OHIM
Date: 2006-02-11
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), clothing, clothing industry, office supplies, pulp and paper industry, trade-mark law

11.2.2006

EN

Official Journal of the European Union

C 36/33

Action brought on 22 November 2005 — NHL Enter-
prises/OHIM

Action brought on 25 November 2005 — Vischim v
Commission

(Case T-414/05)

(2006/C 36/70)

Language in which the application was lodged: English

(Case T-420/05)

(2006/C 36/71)

Language of the case: English

Parties

Applicant: NHL Enterprises B.V.
[represented by: G. Llewelyn, Solicitor]

(Rijswijk, The Netherlands)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Parties

Other party to the proceedings before the Board of Appeal: Glory &
Pompea (Mataró, Spain)

Applicant: Vischim Srl (Milan, Italy) [represented by: C. Mereu,
K. Van Maldegem, lawyers]

Defendant: Commission of the European Communities

Form of order sought

— Annul the contested decision;

— order OHIM and the intervener to pay the costs.

Form of order sought

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The figurative mark ‘LA KINGS’
for goods in classes 16, 25 and 41 — application No
1 041 102

Proprietor of the mark or sign cited in the opposition proceedings:
Manufacturas Antonio Gassol S.A. The mark cited in the oppo-
sition was later assigned to Glory & Pompea, S.A.

Mark or sign cited: The national
goods in class 25

figurative mark ‘KING’

for

— Order

the partial annulment of Commission Directive
2005/53/EC in so far as it includes entry no. 102, corre-
sponding to the plant protection active substance chlor-
othalonil, in Annex I to the Plant Protection Products Direc-
tive (‘PPPD’), with a purity specification that does not corre-
spond to the specification notified to and evaluated by the
Commission and the Standing Committee on Plant Health;
in the alternative, immediately to modify entry no. 102 to
reflect the new FAO specification of November 2005;

— order the partial annulment of the Review Report under-
lying the inclusion of chlorothalonil in Annex I to Directive
91/414 insofar as it does not recognise the status of 'main
data submitter' to the applicant and fails to list the appli-
cant's data in Appendix IIIA thereto;

Decision of the Opposition Division: Opposition upheld for all the
goods applied for in class 25

— order the defendant to comply with its obligations under

Community law and act on the applicant's request;

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regu-
lation No 40/94 as the degree of similarity between the marks
at issue, notwithstanding the identity of the goods, is not suffi-
ciently high.

— order the defendant to compensate the applicant in the
provisional amount of 1 (one) Euro for damages suffered as
a result of the contested measure, or, in the alternative, as a
result of the Defendant's failure to comply with its obliga-
tions under Community law by failing to respond to the
applicant, as well as any applicable interests, pending the
exact calculation and determination of the exact amount;

— order the defendant to pay all costs and expenses in these

proceedings.