Case T-221/06: Action brought on 18 August 2006 — Hipp & Co v OHMI — Laboratorios Ordesa (BEBIMIL)
Date: 2006-09-30
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), baby food, powdered milk, trade-mark law

30.9.2006

EN

Official Journal of the European Union

C 237/13

Pleas in law: Infringement of Article 59 of Regulation (EC) No
40/94 (1) and Rules 48, 49 and 96 of Regulation (EC) No
2868/95 (2),
infringement of Article 78 and Article 78a of
Regulation No 40/94 and infringement of the principle by
which OHIM is bound by its own decisions and the principle
of proportionality.

Pleas in law: The mark applied for does have distinctive char-
acter for the purposes of Article 7(1)(b) of Regulation (EC) No
40/94 (1).

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

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

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

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

(2) Commission Regulation (EC) No 2868/95 of 13 December 1995
implementing Council Regulation (EC) No 40/94 on the Com-
munity trade mark (OJ 1995 L 303, p. 1).

Action brought on 17 August 2006 — PTV v OHIM
(map&guide travelbook)

(Case T-219/06)

(2006/C 237/23)

Language of the case: German

Parties

Action brought on 18 August 2006 — Hipp & Co v OHMI
— Laboratorios Ordesa (BEBIMIL)

(Case T-221/06)

(2006/C 237/24)

Language in which the application was lodged: English

Parties

Applicant: Hipp & Co (Kommanditgesellschaft) (Sachseln, Swit-
zerland) (represented by: M. Kinkeldey, lawyer)

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

Applicant: PTV Planung Transport Verkehr AG (Karlsruhe,
Germany) (represented by F. Nielsen, lawyer)

Other party to the proceedings before the Board of Appeal: Labora-
torios Ordesa S.L. (Sant Boi de Llobregat, Spain)

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

Form of order sought

Forms of order sought

— set aside the decision of the First Board of Appeal of the
Office for Harmonisation in the Internal Market of 8 June
2006 (Appeal case number: R 1174/2005-1);

— Annulment of the decision of the First Board of Appeal of
the Office of Harmonisation in the Internal Market of 2
June 2006 (Case No R571/2005-1),

— order the costs of the proceedings to be borne by the defen-

dant.

— order the defendant to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘map&guide
travelbook’ for goods and services in Classes 9, 16 and 42.

Decision of the Examiner: Partial dismissal of the application.

Applicant for the Community trade mark: The applicant.

Community trade mark concerned: The community word mark
‘BEBIMIL’ for goods in classes 5, 29, 30 and 32.

Proprietor of the mark or sign cited in the opposition proceedings:
Laboratorios Ordesa S.L.

Decision of the Board of Appeal: Dismissal of the appeal.

Mark or
‘BLEMIL’ for goods in classes 5 and 29, 6 and 32 respectively.

sign cited: Community and national word mark

C 237/14

EN

Official Journal of the European Union

30.9.2006

Decision of the Opposition Division: Opposition partially upheld.

Decision of the Board of Appeal: Dismissal of the appeal.

In support of his claims,

Pleas in law: Infringement of Article 8(1)(b) of Council Regu-
lation 40/94.
the applicant puts
forward the dissimilarity of the two marks with regards to the
relevant consumer circles, as well as the phonetic, visual and
conceptual differences between the earlier mark and the
contested one.

Order of the Court of First Instance of 24 July 2006 —
AITEC and Others v Commission

(Case T -371/05) (1)

(2006/C 237/25)

Language of the case: Italian

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

(1) OJ C 296, 26.11.2005.