Case T-47/06: Action brought on  16 February 2006  — Antartica/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

25.3.2006

EN

Official Journal of the European Union

C 74/31

Action brought on 23 January 2006 — Italian Republic v
Commission

Action brought on 16 February 2006 — Antartica/OHIM

(Case T-38/06)

(2006/C 74/57)

Language of the case: Italian

(Case T-47/06)

(2006/C 74/58)

Language in which the application was lodged: English

Parties

Applicant: Italian Republic (represented by: Paolo Gentili, Avvo-
cato dello Stato)

Parties

Defendant: Commission of the European Communities

Applicant: Antartica S.r.l.
Racca, lawyer]

(Rome,

Italy)

[represented by: E.

Form of order sought

The applicant claims that the Court should:

— annul the memorandum of the Commission, Directorate-
General of Regional Policy, No 11877 of 10 November
2005 — Programmes and projects in Cyprus, Greece,
Hungary, Italy, Malta and the Netherlands — concerning
PEP Campania (No CCI 1999 IT 16 1 PO 007) — Request
for Payment No 2005 2716;

— annul the memorandum of the Commission, Directorate-
General of Regional Policy, No 12362 of 18 November
2005 — Programmes and projects in Cyprus, Greece,
Hungary, Italy, Malta and the Netherlands — concerning
SPD Ob 2 — Lazio 2000-2006 (No CCI 2000 IT 16 2 DO
009) — Request
for Payment No SYSFIN 20052707
Adonis 2005 23064 letter of the Ministero dell'Economia e
delle Finanze of 26 October — Protocol number 0031966;

— annul the memorandum of the Commission, Directorate-
General of Regional Policy, No 12363 of 18 November
2005 — Programmes and projects in Cyprus, Greece,
Hungary, Italy, Malta and the Netherlands — concerning
PEP Campania (No CCI 1999 IT 161 PO 007) — Request
for Payment No 2005 2871;

— annul all connected and preliminary measures;

— order the Commission of the European Communities to

pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are those set out in Case
T-345/04 Italian Republic v Commission (1)

(1) OJ C 262 of 23. 10. 2004, p. 55.

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

Other party to the proceedings before the Board of Appeal: The
Nasdaq Stock Market, Inc. (Washington D.C., USA)

Form of order sought

— annul the contested decision of the Second Board of Appeal
of the OHIM, of 7 December 2005, in case R 752/2004 —
2, on the grounds that it does not comply with Article 63
(2) and Article 8 (5) of Regulation No. 40/94 and Article
5.1.2. of the Directive No 89/104/CEE;

— order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: Figurative mark ‘Nasdaq’ for
goods in classes 9, 12, 14, 25 and 28

Proprietor of the mark or sign cited in the opposition proceedings:
The Nasdaq Stock Market, Inc.

Mark or sign cited: Community word trade mark ‘Nasdaq’ for
goods and services in classes 9, 16, 35, 36, 38 and 42 as well
as earlier well known mark ‘Nasdaq’ in all Members States of
the European Union

Decision of the Opposition Division: Rejects opposition

C 74/32

EN

Official Journal of the European Union

25.3.2006

Decision of the Board of Appeal: Annuls the decision of the oppo-
sition division and rejects the application

Order of the Court of First Instance of 19 January 2006 —
MobilCom v Commission

Pleas in law: Violation of Articles 63 (2) and 8 (5) of Regulation
No 40/94 as well
as Article 5.1.2. of Directive No.
89/104/CEE; the applicant submits that the earlier unregistered
word mark was not, in fact, invoked in the notice of opposi-
tion. It also contests the findings that the reputation of the
stock exchange index ‘nasdaq’ is the same as the reputation of
the trade mark of the same name. It finally submits that the
notion of reputation in Regulation 40/94 and Directive 89/104
is not the same as notoriety under the Paris Convention.

(Case T -397/04) (1)

(2006/C 74/61)

Language of the case: German

The President of the First Chamber has ordered that the case be
removed from the register.

(1) OJ C 314, 18.12.2004.

Order of the Court of First Instance of 17 January 2006 —
Henkel v OHIM

(Case T -67/03) (1)

(2006/C 74/59)

Language of the case: French

The President of the Third Chamber has ordered that the case
be removed from the register.

(1) OJ C 124, 24.5.2003.

Order of the Court of First Instance of 11 January 2006 —
Steinmetz v Commission

(Case T -155/05) (1)

(2006/C 74/62)

Language of the case: French

The President of the First Chamber has ordered that the case be
removed from the register.

(1) OJ C 155, 25.6.2005.

Order of the Court of First Instance of 6 February 2006 —
Datac v OHIM

(Case T -341/04) (1)

(2006/C 74/60)

Language of the case: German

The President of the Second Chamber has ordered that the case
be removed from the register.

(1) OJ C 284, 20.11.2004.

Order of the Court of First Instance of 9 January 2006 —
Corsica Ferries France v Commission

(Case T -231/05) (1)

(2006/C 74/63)

Language of the case: French

The President of the Third Chamber has ordered that the case
be removed from the register.

(1) OJ C 205, 20.8.2005.