Case T-317/03: Judgment of the Court of First Instance of  26 January 2006  — Volkswagen v OHIM (Community trade mark — Opposition proceedings — Application for Community word mark Variant — Earlier national word mark DERBIVARIANT — Refusal of registration by the Board of Appeal — Likelihood of confusion — Articles 74(1) and 8(1)(b) of Regulation (EC) No 40/94)
Date: 2006-03-25
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), motor vehicle industry, trade-mark law

25.3.2006

EN

Official Journal of the European Union

C 74/17

Judgment of the Court of First Instance of 26 January
2006 — Volkswagen v OHIM

Judgment of the Court of First Instance of 26 January
2006 — Medici Grimm v Council

(Case T-317/03) (1)

(Case T-364/03) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for Community word mark Variant — Earlier national
word mark DERBIVARIANT — Refusal of registration by
the Board of Appeal — Likelihood of confusion — Articles
74(1) and 8(1)(b) of Regulation (EC) No 40/94)

(Dumping — Imports of leather handbags originating in the
People's Republic of China — Amendment of a regulation
imposing a definitive anti-dumping duty — No retroactive
effect — Annulment by the Court of First Instance — Action
for damages — Sufficiently serious breach)

(2006/C 74/33)

Language of the case: German

(2006/C 74/34)

Language of the case: English

Parties:

Parties

Applicant: Volkswagen AG (Wolfsburg, Germany) (represented
by: S. Risthaus, lawyer)

Applicant: Medici Grimm KG (Rodgau Hainhausen, Germany)
(represented by: R. MacLean, Solicitor, and E. Gybels, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)
(represented by: J. Weberndörfer
and G. Schneider, Agents)

Defendant: Council of the European Union (represented by: M.
Bishop, Agent, assisted by G. Berrisch, lawyer)

Other party to the proceedings before the Board of Appeal of OHIM:
Nacional Motor, SA (Martorelles, Spain)

Intervener in support of the defendant: Commission of the Euro-
pean Communities (represented by: N. Khan and T. Scharf,
Agents)

Action

Application for

brought against the decision of the Fourth Board of Appeal of
OHIM of 17 June 2003 (Case R 610/2001-4) relating to oppo-
sition proceedings between Nacional Motor, SA and Volks-
wagen AG.

Operative part of the judgment

The Court:

compensation under Article 235 EC and the second paragraph
of Article 288 EC for damage allegedly suffered by the appli-
cant as a result of the absence of retroactive effect of Council
Regulation (EC) No 2380/98 of 3 November 1998, amending
Regulation (EC) No 1567/97 imposing a definitive anti-
dumping duty on imports of leather handbags originating in
the People's Republic of China (OJ 1997 L 296, p. 1), partially
annulled by the judgment
in Case T-7/99 Medici Grimm v
Council [2000] ECR II-2671

1. Sets aside paragraph 2 of the operative part of the decision of the
Fourth Board of Appeal of the Office for Harmonisation in the
Internal Market (Trade Marks and Designs)(OHIM) of 17 June
2003 in so far as it dismisses the application for registration as a
Community trade mark of the word sign Variant for goods and
services other than those in Classes 7, 12 and 37.

Operative part of the judgment

1. The action is dismissed;

2. Dismisses the remainder of the action.

incurred by the Council;

2. The applicant shall bear, in addition to its own costs, the costs

3 Orders the applicant to pay the costs.

3. The Commission shall bear its own costs.

(1) OJ C 304 of 13.12.2003.

(1) OJ C 21, 24.1.2004.