Case T-205/06: Action brought on 31 July 2006 — NewSoft Technology v OHIM — Soft (Presto! BizCard Reader)
Date: 2006-09-30
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), information technology industry, scanner, trade-mark law

C 237/10

EN

Official Journal of the European Union

30.9.2006

— considers that,

in spite of its pan-European objective
and its economic strength, E.ON was not a significant
potential competitor of ENDESA in the Spanish markets
for electricity generation and the supply of gas,

— concludes that the transaction will not strengthen a
dominant position in the German market and that the
disappearance of a recent entrant, ENDESA, does not
alter the competitive context.

Finally the applicant claims that there has been a breach of the
duty to state the reasons on which measures are based.

Decision of the Cancellation Division: Declaration of invalidity of
the Community trade mark.

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

Pleas in law: Breach of Article 8(1)(b) of Regulation (EC) No
40/94 (1), since it is not established that there is a likelihood of
confusion between the conflicting trade marks.

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

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

Action brought on 31 July 2006 — NewSoft Technology v
OHIM — Soft (Presto! BizCard Reader)

(Case T-205/06)

(2006/C 237/18)

Language in which the application was lodged: German

Action brought on 11 August 2006 — Bowland Dairy
Products v Commission

(Case T-212/06)

(2006/C 237/19)

Language of the case: English

Parties

Applicant: NewSoft Technology Corporation (Taipei, Taiwan)
(represented by: M. Dirksen-Schwanenland, lawyer)

Parties

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

Applicant: Bowland Dairy Products Limited (Nelson, United
Kingdom) (represented by: J. Milligan, Solicitor)

Other party/parties to the proceedings before the Board of Appeal of
OHIM: Soft, S.A.

Defendant: Commission of the European Communities

Form of order sought

— Annulment of the decision of the Second Board of Appeal
of the Office for Harmonisation in the Internal Market of
19 May in Case R 601/2005, notified on 30 May 2006;

— Rejection of the application for a declaration of invalidity of
the registration of European Community trade mark No
002625457 ‘Presto! BizCard Reader’ made by Soft, S.A.,
Spain.

Form of order sought

— Annulment of the contested decision;

— order the Commission to pay damages to the applicant in
the amount of the loss suffered by the applicant as a result
of the contested decision, with interest;

— order the Commission to pay the applicant's costs of these

proceedings.

Pleas in law and main arguments

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of
invalidity has been sought: ‘Presto! BizCard Reader’ for goods and
services in Classes 9, 16 and 42 (Community trade mark No
2625457).

Proprietor of the Community trade mark: The applicant.

Applicant for the declaration of invalidity: SOFT, S.A.

Trade mark right of applicant for the declaration: Spanish figurative
marks ‘Presto’ for goods and services in Classes 9 and 42.

By means of its application, the applicant seeks annulment of a
decision of
the Commission of the European Communities
contained in an email to the UK Foods Agency dated 20 July
2006, forwarded to the applicant on 21 July 2006, refusing to
circulate, under the Rapid Alert System for Food and Feed
provided for by Regulation (EC) No 178/2002 of the European
Parliament and of the Council of 28 January 2002 (OJ L 31 of
1 February 2002, p. 1-24), an additional notification declaring
that the Food Security Agency (FSA) was content for the appli-
cant's curd cheese to be marketed, unless conditions specified
by the Commission were met.