Case T -506/04: Order of the Court of First Instance of  10 March 2006  — Success-Marketing v OHIM
Date: 2006-05-06
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), cereal product, pastry-making, trade-mark law

6.5.2006

EN

Official Journal of the European Union

C 108/29

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant

Applicant for a Community trade mark: Tsakiris-Mallas A.E.

the word mark ‘Tomorrow
Community trade mark concerned:
Focus’ for goods and services in Classes 9, 16, 35, 38, 41 and
42 (application No 2382455)

Proprietor of the mark or sign cited in the opposition proceedings:
Information Builders (Netherlands) B.V.

Mark or sign cited in opposition: the figurative mark ‘Focus’ for
goods and services in Classes 9, 16 and 42 (Community trade
mark No 68585)

Decision of the Opposition Division: grant of the opposition and
rejection of the application in respect of classes 9 and 42

Decision of the Board of Appeal: annulment of the contested deci-
sion, rejection of the application for certain goods and services
in Classes 9 and 42 and rejection of the remainder of the oppo-
sition

Pleas in law: infringement of Article 8(1)(b) of Regulation (EC)
No 40/94 (1) on the ground that it was incorrectly held that
there was a likelihood of confusion between the trade marks
compared.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

Community trade mark concerned: figurative mark exë for goods
in Classes 18 and 25 — Application No 2 190 015

Proprietor of the mark or sign cited in the opposition proceedings:
Late Editions Limited

Mark or sign cited in opposition: National mark EXE for goods in
Class 25

Decision of
some of the goods

the Opposition Division: Opposition accepted for

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 8(1)(b) of Council Regu-
lation No 40/94

Order of the Court of First Instance (Third Chamber of 15
March 2006 — Aries Meca v Commission

(Case T -275/04) (1)

(2006/C 108/53)

Language of the case: French

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

Action brought on 17 March 2006 — Tsakiris-Mallas A.E.
v OHIM

(1) OJ C 262, 23.10.2004.

(Case T -96/06)

(2006/C 108/52)

Language in which the application was lodged: Greek

Parties

Applicant: Tsakiris-Mallas A.E.
(represented by: Kharalambos Samaras, lawyer)

(Aryiroupoli, Attica, Greece)

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

Other party to the proceedings before the Board of Appeal of OHIM:
Late Editions Limited (Leighton Buzzard, United Kingdom)

Form of order sought

Order of the Court of First Instance of 10 March 2006 —
Success-Marketing v OHIM

(Case T -506/04) (1)

(2006/C 108/54)

Language of the case: German

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

— Annulment of the decision of the Second Board of Appeal

of 11 January 2006 in Case R 1127/2004-2.

(1) OJ C 193 6.8.2005.