Case T-247/06 P: Appeal brought on 7 September 2006 by Carlos Sanchez Ferriz against the judgment of the Civil Service Tribunal delivered on 28 June 2006 in Case F-19/05 Sanchez Ferriz v Commission
Date: 2006-10-28
Institutions: Court of First Instance
Subjects: European Commission, European official, General Court (EU), action by staff, appeal, professional career, promotion

28.10.2006

EN

Official Journal of the European Union

C 261/27

Decision of the Opposition Division: Opposition upheld in rela-
tion to the contested goods in class 24

Action brought on 11 September 2006 — Professional
Golfers' Association v OHIM — Ladies Professional Golf
Association (LPGA)

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: The conflicting trade marks have no similarities
from a visual, phonetic and conceptual point of view for
Spanish, French or English speaking consumers. The fact that
the earlier trade mark and the trade mark applied for cover the
same products does therefore not create a risk of confusion in
the mind of the public.

Appeal brought on 7 September 2006 by Carlos Sanchez
Ferriz against the judgment of the Civil Service Tribunal
delivered on 28 June 2006 in Case F-19/05 Sanchez Ferriz
v Commission

(Case T-247/06 P)

(2006/C 261/51)

Language of the case: French

Parties

Appellant: Carlos Sanchez Ferriz (Brussels, Belgium) (represented
by F. Frabetti, lawyer)

Other party to the proceedings: Commission of the European
Communities

(Case T-248/06)

(2006/C 261/52)

Language in which the application was lodged: English

Parties

Applicant: The Professional Golfers' Association Limited (Sutton
Coldfield, United Kingdom)
(represented by: D. McFarland,
Barrister)

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

Other party to the proceedings before the Board of Appeal: Ladies
(Daytona Beach,
Professional Golf Association (Corporation)
USA)

Form of order sought

— Annul

the decision of

the Second Board of Appeal of
OHIM of 11 July 2006 in Case number R1087/2005-2 in
its entirety on the grounds that Articles 73 and 74 of
Council Regulation No 40/94 were breached; and

— order the case to be referred back to the Board of Appeal
and be reheard by a different panel of judges from those
who deliberated in the decision issued on 11 July 2006;

or, in the alternative, if the Court finds that Articles 73 and 74
of Council Regulation 40/94 were not breached:

— overturn the decision of the Second Board of Appeal of
OHIM of 11 July 2006 in Case number R1087/2005-2 and
find in favour of The Professional Golfers' Association
Limited;

and

Form of order sought by the appellant

— order that the costs of the proceedings be borne by the

defendant.

— set aside the judgment of the Civil Service Tribunal of 28

June 2006 in Case F-19/05;

Pleas in law and main arguments

— give a ruling on costs, fees and disbursements and order the

Commission to pay them.

Applicant for the Community trade mark: Ladies Professional Golf
Association Corp.

Pleas in law and main arguments

In his appeal, the appellant claims that the Tribunal committed
procedural
irregularities when it considered the plea alleging
infringement of the principle of non-discrimination in that it
failed to examine the substance of the case of alleged discrimi-
nation in the application of the rule establishing a weighting of
the points in a career development report, as raised by the
appellant in his action.

Community trade mark concerned: The figurative mark ‘LPGA’ for
goods and services in classes 25, 28 and 41 — application No
2 354 173

Proprietor of the mark or sign cited in the opposition proceedings:
The applicant

Mark or sign cited: The Community word mark ‘PGA’ for goods
and services in classes 16, 25, 28, 37, 41 and 42

Decision of the Opposition Division: Rejection of the opposition
in its entirety

Decision of the Board of Appeal: Dismissal of the appeal