Case C-314/05 P: Order of the Court (Fifth Chamber) of 29 June 2006 — Creative Technology Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) José Vila Ortiz (Appeal — Community trade mark — Article 8(1)(b) of Regulation (EC) No 40/94 — Likelihood of confusion — Application for Community word mark PC WORKS — Opposition by the proprietor of the national figurative mark W WORK PRO — Appeal in part clearly inadmissible and in part clearly unfounded)
Date: 2006-12-02
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, General Court (EU), appeal, audiovisual equipment, electronic equipment, recording equipment, trade-mark law

C 294/20

EN

Official Journal of the European Union

2.12.2006

Order of the Court (Fifth Chamber) of 29 June 2006 —
Creative Technology Ltd v Office for Harmonisation in
the Internal Market (Trade Marks and Designs) José Vila
Ortiz

(Case C-314/05 P) (1)

(Appeal — Community trade mark — Article 8(1)(b) of
Regulation (EC) No 40/94 — Likelihood of confusion —
Application for Community word mark ‘PC WORKS’ —
Opposition by the proprietor of the national figurative mark
‘W WORK PRO’ — Appeal in part clearly inadmissible and
in part clearly unfounded)

Order of the Court of 5 October 2006 — Dorte Schmidt-
Brown v Commission of the European Communities

(Case C-365/05 P) (1)

(Appeal — Officials — Duty to provide assistance — Rejec-
tion of request for financial assistance in defamation proceed-
ings brought before the United Kingdom courts)

(2006/C 294/34)

(2006/C 294/33)

Language of the case: French

Language of the case: English

Parties

Parties

Applicant: Creative Technology Ltd (represented by: S.
and P. Rawlinson, Solicitors)

Jones

Applicant: Dorte Schmidt-Brown (represented by: S. Orlandi, A.
Coolen, J.-N. Louis and E. Marchal, avocats)

Other parties to the proceedings: Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (OHIM) (represented
by: S. Laitinen, Agent) José Vila Ortiz

Other party to the proceedings: Commission of the European
Communities (represented by: J. Curral and L. Lozano Palacios,
Agents, and D. Waelbroeck, avocat)

Re:

Re:

Appeal against the judgment of the Court of First Instance
(Fourth Chamber) of 25 May 2005 in Case T-352/02 Creative
Technology Ltd v Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (OHIM) dismissing as unfounded an
action brought by the applicant for the Community trade mark
PC WORKS for products in Class 9 for the annulment of deci-
sion R 265/2001-4 of the Fourth Board of Appeal of the Office
for Harmonisation in the Internal Market
(OHIM) of 4
September 2002 dismissing the appeal against the decision of
the Opposition Division refusing to register that trade mark in
opposition proceedings brought by the holder of the national
figurative mark W WORK PRO for products in Class 9

Appeal against the judgment of the Court of First Instance
(First Chamber) of 5 July 2005 in Case T-387/02 Schmidt-
Brown v Commission dismissing the action for annulment of the
Commission's decision of 26 April 2002 rejecting the appli-
cant's request for financial assistance from the Commission in a
defamation action brought by the applicant against a company
before the High Court of Justice (England and Wales)

Operative part of the order

1. The appeal is dismissed.

Operative part of the order

1. The appeal is dismissed;

2. Creative Technology Ltd is ordered to pay the costs.

2. Ms Schmidt-Brown shall bear the costs.

(1) OJ C 296, 26.11.2005.

(1) OJ C 281 of 12.11.2005.