Case T-206/04: Judgment of the Court of First Instance of  1 February 2006  — Rodrigues Carvalhais v OHIM (Community trade mark — Opposition proceedings — Figurative mark containing the verbal element  PERFIX  — Earlier Community figurative trade mark containing the verbal element  cerfix  — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94)
Date: 2006-04-08
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), building materials, metal product, plastics, section, trade-mark law

C 86/26

EN

Official Journal of the European Union

8.4.2006

Judgment of the Court of First Instance of 1 February
2006 — Rodrigues Carvalhais v OHIM

Judgment of the Court of First Instance of 1 February
2006 — Elisabetta Dami v OHIM

(Case T-206/04) (1)

(Joined Cases T-466/04 and T-467/04) (1)

(Community trade mark — Opposition proceedings —
Figurative mark containing the verbal element ‘PERFIX’ —
Earlier Community figurative trade mark containing the
verbal element ‘cerfix’ — Relative ground for refusal — Like-
lihood of confusion — Article 8(1)(b) of Regulation (EC) No
40/94)

(2006/C 86/50)

Language of the case: Portuguese

(Community trade mark — Word mark GERONIMO
STILTON — Opposition — Stay of proceedings — Restric-
tion of the list of goods designated by the mark for which
registration is sought — Withdrawal of the opposition)

(2006/C 86/51)

Language of the case: French

Parties

Applicant: Fernando Rodrigues Carvalhais (Almada, Portugal)
(represented by: P. Graça initially, then J. Lopes, lawyers)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: J. Novais Gonçalves,
Agent)

Other party to the proceedings before the Board of Appeal of
OHIM, intervening before the Court of First Instance: Profilpas
J.L. Revenga Santos
Snc (Cadoneghe,
initially, then J.M. Monravá, lawyers)

(represented by:

Italy)

Action

brought against the decision of the First Board of Appeal of
OHIM of 18 March 2004 (Case R 408/2003-1), concerning
opposition proceedings between M.
Fernando Rodrigues
Carvalhais and Profilpas Snc

Parties

Applicant: Elisabetta Dami
Beduschi and S. Giudici, lawyers)

(Milan,

Italy)

(represented by: P.

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

Other party to the proceedings before the Board of Appeal of OHIM:
The Stilton Cheese Makers Association (Surbiton, Surrey,
United Kingdom)

Action

the decisions of the Second Board of
Two actions against
Appeal of OHIM of 20 September 2004 (Cases R 973/2002-2
and R 982/2002-2)
concerning opposition proceedings
between Mrs Elisabetta Dami and The Stilton Cheese Makers
Association,

Operative part of the judgment

Operative part of the judgment

The Court:

The Court:

1. Dismisses the action.

1. annuls the decisions of the Second Board of Appeal of the Office
for Harmonisation in the Internal Market
(Trade Marks and
Designs) (OHIM) of 20 September 2004 (Cases R 973/2002-2
and R 982/2002-2);

2. Orders the applicant to pay the costs.

2. orders OHIM to pay the costs.

(1) OJ C 217 of 28.8.2004.

(1) OJ C 69, 19.3.2005.