Case C-214/05 P: Judgment of the Court (Third Chamber) of 18 July 2006 — Sergio Rossi SpA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), Sissi Rossi Srl (Appeals — Community trade mark — Article 8(1)(b) of Regulation (EC) No 40/94 — Likelihood of confusion — Word mark SISSI ROSSI — Opposition by the holder of the earlier word mark MISS ROSSI — Arguments presented for the first time at the hearing — Offers of evidence)
Date: 2006-09-16
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, General Court (EU), appeal, footwear industry, trade-mark law

16.9.2006

EN

Official Journal of the European Union

C 224/13

Operative part of the judgment

The Court hereby:

1. Declares that, by altering the demarcation of the ‘Moura, Mourão,
Barrancos’ Special Protection Area, thereby excluding from it areas
providing a habitat for species of wild birds for whose protection
that area was designated, the Portuguese Republic has failed to
fulfil
its obligations under Article 4(1) of Council Directive
79/409/EEC of 2 April 1979 on the conservation of wild birds;

2. Orders the Portuguese Republic to pay the costs.

(1) OJ C 155, 25.6.2005.

Division refusing to register as a Community word mark ‘SISSI
ROSSI’ in respect of goods in classes 14, 15, 5 and 26

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Sergio Rossi SpA to pay the costs.

(1) OJ C 182, 23.7.2005.

Judgment of the Court (Third Chamber) of 18 July 2006 —
Sergio Rossi SpA v Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (OHIM), Sissi
Rossi Srl

(Case C-214/05 P) (1)

Judgment of the Court (Third Chamber) of 13 July 2006
(reference for a preliminary ruling from the Supreme
Court — Ireland) — Sam Mc Cauley Chemists (Blackpool)
Ltd, Mark Sadja v Pharmaceutical Society of
Ireland,
Ireland, Attorney
for Health and Children,
Minister

General

(Case C-221/05) (1)

(Appeals — Community trade mark — Article 8(1)(b) of
Regulation (EC) No 40/94 — Likelihood of confusion —
Word mark SISSI ROSSI — Opposition by the holder of the
earlier word mark MISS ROSSI — Arguments presented for
the first time at the hearing — Offers of evidence)

(Directive 85/433/EEC — Mutual recognition of diplomas —
Pharmacists — Recognition of diplomas held by pharmacists
working in new pharmacies open to the public — Scope of
the discretion enjoyed by Member States)

(2006/C 224/23)

Language of the case: Italian

(2006/C 224/24)

Language of the case: English

Parties

Appellant: Sergio Rossi SpA (represented by: A. Ruo, avvocato)

Other party to the proceedings: Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (OHIM) (represented
by: O. Montalto and P. Bullock, Agents)

Intervener in support of the defendant: Sissi Rossi Srl, established in
Castenaso di Villanova (Italy) (represented by: S. Verea, avvo-
cato)

Referring court

Supreme Court

Parties to the main proceedings

Applicants: Sam Mc Cauley Chemists (Blackpool) Ltd, Mark
Sadja

Defendants: Pharmaceutical Society of
Health and Children, Ireland, Attorney General

Ireland, Minister

for

Re:

Re:

Appeal against the judgment of the Court of First Instance
(Second Chamber) of 1 March 2005 in Case T-169/03 Sergio
Rossi SpA v Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (OHIM) — Dismissal of an action for annul-
ment brought by the proprietor of a national and international
word mark ‘MISS ROSSI’ for goods within Class 25, against
Decision R 569/2002-1 of the First Board of Appeal of the
Office for Harmonisation in the Internal Market (OHIM) of
28 February 2003 setting aside the decision of the Opposition

Reference for a preliminary ruling — Supreme Court of Ireland
— Interpretation of Article 2(1) and (2) of Council Directive
85/433/EEC of 16 September 1985 concerning the mutual
recognition of diplomas, certificates and other evidence of
formal qualifications in pharmacy, including measures to facili-
tate the effective exercise of the right of establishment relating
to certain activities in the field of pharmacy (OJ 1985 L 253,
p. 37) — Scope of the discretion enjoyed by Member States in
regard to the recognition of diplomas held by pharmacists
working in new pharmacies open to the public