Case T-277/04: Judgment of the Court of First Instance of 12 July 2006 — Vitakraft-Werke Wührmann v OHIM — Johnson's Veterinary Products (VITACOAT) (Community trade mark — Opposition proceedings — Application for the Community word mark VITACOAT — Earlier national word marks VITAKRAFT — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94)
Date: 2006-09-16
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), cosmetic product, domestic animal, toiletries, trade-mark law

C 224/38

EN

Official Journal of the European Union

16.9.2006

Judgment of the Court of First Instance of 11 July 2006 —
Caviar Anzali v OHIM — Novomarket (Asetra)

Judgment of the Court of First Instance of 12 July 2006 —
Vitakraft-Werke Wührmann v OHIM — Johnson's Veter-
inary Products (VITACOAT)

(Case T-252/04) (1)

(Case T-277/04) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for Community figurative trade mark ASETRA —
Previous national and international figurative trade mark
CAVIAR ASTARA — Relative grounds for refusal — Risk
of confusion — Rejection of opposition for failure to produce
documents within the prescribed periods — Evidence
produced for the first time before the Board of Appeal —
Admissibility — Scope of the examination conducted by the
Boards of Appeal — Articles 62 and 74 of Regulation (EC)
No 40/94)

(Community trade mark — Opposition proceedings — Appli-
cation for the Community word mark VITACOAT — Earlier
national word marks VITAKRAFT — Relative ground for
refusal — Likelihood of confusion — Article 8(1)(b) of Regu-
lation (EC) No 40/94)

(2006/C 224/82)

Language of the case: English

(2006/C 224/81)

Language of the case: French

Parties

Parties

Applicant: Vitakraft-Werke Wührmann & Sohn GmbH & Co.
KG (Bremen, Germany) (represented by: U. Sander, lawyer)

Applicant: Caviar Anzali SAS (Colombes, France) (represented
by: J.-F. Jésus, lawyer)

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

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

Other party to the proceedings before the Board of Appeal of OHIM:
Novomarket, SA (Madrid, Spain)

Re:

Action brought against the decision of the Second Board of
Appeal of OHIM of 19 April 2004 (Case R 479/2003-2)
concerning the opposition proceedings between Caviar Anzali
SAS and Novomarket, SA

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: Johnson's Veterinary
Products Ltd (Sutton Coldfield, United Kingdom) (represented
by: M. Edenborough, Barrister)

Re:

the decision of

Action brought against
the First Board of
Appeal of OHIM, of 27 April 2004 (Case R 560/2003-1)
regarding opposition proceedings between Vitakraft-Werke
Wührmann & Sohn GmbH & Co. KG and Johnson's Veterinary
Products Ltd

Operative part of the judgment

The Court:

Operative part of the judgment

The Court:

1. Dismisses the action;

1. Annuls the decision of the Second Board of Appeal of the Office
(Trade Marks and

for Harmonisation in the Internal Market
Designs) (OHIM) of 19 April 2004 (Case R 479/2003-2);

2. Orders OHIM to pay the costs.

2. Orders the applicant to bear its own costs, and pay the costs
incurred by the Office for Harmonisation in the Internal Market
(Trade Marks and Designs) and the intervener before the Court of
First Instance.

(1) OJ C 217, 28.8.2004.

(1) OJ C 300, 4.12.2004.