Case T-443/05: Action brought on  16 December 2005  — El Corte Inglés S.A. v OHIM
Date: 2006-03-25
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law

C 74/24

EN

Official Journal of the European Union

25.3.2006

Action brought on 16 December 2005 — El Corte Inglés
S.A. v OHIM

Pleas in law: incorrect application of Article 8(1)(b) of Regu-
lation No 40/94 on the Community trade mark.

(Case T-443/05)

(2006/C 74/46)

Language in which the application was lodged: Spanish

Action brought on 22 December 2005 — Plantations de
Mbanga v Commission

Parties

Applicant: El Corte Inglés S.A. (Madrid) (represented by: Juan
Luis Rivas Zurdo, lawyer)

(Case T-447/05)

(2006/C 74/47)

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

Language of the case: French

Other party to the proceedings before the Board of Appeal of OHIM:
Juan Bolaños Sabri

Parties

Form of order sought

The applicant claims that the Court should:

Applicant: Société des plantations de Mbanga (SPM) SA, estab-
lished in Douala, Cameroon, represented by: P. Soler Couteaux
and S. Cahn, lawyers

— annul the decision of the First Board of Appeal, of 21
September 2005, in Case R 1191/2004-1, in so far as, by
upholding the application by the applicant for the Com-
munity mark, that decision provides the basis for the future
grant of Community trade mark No 2.456.242 ‘PRAÑAM
DISEÑO ORIGINAL JUAN BOLAÑOS’, in Class 25;

— refuse registration of

‘PRAÑAM DISEÑO ORIGINAL

the Community trade mark No
JUAN

2.456.242
BOLAÑOS’, Class 25;

— order the party or parties opposing this application to pay

the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Juan Bolaños Sabri.

Defendant: Commission of the European Communities

Form of order sought

The applicant claims that the Court should:

— annul Commission Regulation (EC) No 2015/2005 of 9
December 2005 on imports during January and February
2006 of bananas originating in ACP countries under the
tariff quota opened by Council Regulation (EC) No
1964/2005 on the tariff rates for bananas;

— order the Commission and the Council to pay all the costs

and expenses.

figurative mark ‘PIRAÑAM
Community trade mark concerned:
diseño original Juan Bolaños’ (Application No 2.456.242) for
goods in Classes 16, 21 and 25.

Pleas in law and main arguments

Proprietor of the mark or sign cited in the opposition proceedings: the
applicant.

Mark or sign cited in opposition: Spanish word marks ‘PIRANHA’
for goods in Classes 25 (No 790.520) and 18 (No 2.116.007).

Decision of the Opposition Division: the opposition upheld in
part, the application for registration for goods in Class 25
being rejected.

Decision of
annulled and the opposition set aside in its entirety.

the Board of Appeal:

the decision appealed was

In the context of the amendments to the specific regime for
the
trade quotas with non-Member States forming part of
measures of market organisation in the banana sector, Council
Regulation No 1964/2005 of 29 November 2005 (1), among
other things, conferred on the Commission the power to enact
the measures necessary to implement that regulation, as well as
transitional measures relating to the management of the tariff
quota for bananas originating in ACP countries. In that context,
the Commission maintained in its Regulation No 2015/2005
of 9 December 2005 (2),
January and
February 2006, the previous system of granting import licences
on the basis of historic references (3), as it was initially laid
down by Regulation No 896/2001. The annulment of Regu-
lation No 2015/2005 is sought in this action.

for the months of