Case T-442/05: Order of the Court of First Instance of 6 October 2006 — Biofarma v OHIM — Anca Health Care (CAFON) (Community trade mark — Withdrawal of the application for registration — No need to adjudicate)
Date: 2006-12-16
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), pharmaceutical product, trade-mark law

16.12.2006

EN

Official Journal of the European Union

C 310/17

Operative part of the judgment

The Court:

1. Dismisses the action;

Order of the President of the Court of First Instance of 13
October 2006 — Vischim v Commission

(Case T-420/05 R II)

2. Orders Armacell Enterprise GmbH to bear its own costs and to
pay those incurred by the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) and nmc SA.

(Application for interim measures — Application for suspen-
sion of operation — Directive 91/414/EEC — Fresh applica-
tion — Urgency — None)

(1) OJ C 171, 9.7.2005.

(2006/C 310/34)

Language of the case: English

Order of the Court of First Instance of 6 September 2006
— Hensotherm v OHIM — Hensel (HENSOTHERM)

(Case T-366/04) (1)

(Community trade mark — Cancellation proceedings —
Community figurative and word mark HENSOTHERM —
National word mark HENSOTHERM — Inadmissibility of
the appeal against the decision conferring the cancellation —
Time-limits — Restitutio in integrum)

(2006/C 310/33)

Language of the case: Swedish

Parties

Applicant: Vischim Srl (Cesano Maderno, Italy), (represented by
C. Mereu and K. Van Maldegem, lawyers)

Defendant Commission of the European Communities (repre-
sented by B. Doherty and L. Parpala, lawyers)

Re:

Application for suspension of the deadline of 31 August 2006
set by Article 3 of Commission Directive 2005/53/EC of 16
September 2005 amending Council Directive 91/414/EEC to
include chlorothalonil, chlorotoluron, cypermethrin, damino-
zide and thiophanate-methyl as active substances (OJ 2005
L 241, p.51)

Parties

Operative part of the order

Applicant: Hensotherm AB (Trelleborg, Sweden)
by: S. Hallbäck, lawyer)

(represented

1. The application for interim measures is dismissed.

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: S. Laitinen, Agent)

2. Costs are reserved.

Other party to the proceedings before the Board of Appeal of OHIM,
intervener before the Court of First Instance: Rudolf Hensel GmbH
(Börnsen, Germany) (represented by: M. Zöbisch, lawyer)

Re:

Action brought against
the First Board of
Appeal of OHIM of 12 July 2004 (Case R 614/2003-1),
concerning proceedings for invalidity of the Community figura-
tive mark HENSOTHERM.

the decision of

Order of the Court of First Instance of 6 October 2006 —
Biofarma v OHIM — Anca Health Care (CAFON)

(Case T-442/05) (1)

(Community trade mark — Withdrawal of the application
for registration — No need to adjudicate)

Operative part of the order

1. The action is dismissed;

2. The applicant is ordered to pay its own costs as well as those of
the Office for Harmonisation in the Internal Market (Trade Marks
and Designs);

3. The intervener is ordered to pay its own costs.

Parties

(2006/C 310/35)

Language of the case: Spanish

(1) OJ C 31, 5.2.2005.

Applicant: Biofarma (Madrid, Spain) (represented by: V. Gil Vega
and A. Ruiz López, lawyers)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: J. García Murillo,
Agent)

C 310/18

EN

Official Journal of the European Union

16.12.2006

Other party to the proceedings before the Board of Appeal of OHIM
Instance: Anca Health Care
intervener before the Court of First
Limited (London, United Kingdom) (represented by: Mathys &
Squire)

Re:

the decision of

the First Board of
Action brought against
Appeal of OHIM of 26 September 2005 (Case R 0098/2005-
1), concerning opposition proceedings relating to the applica-
tion for registration of the word mark ‘CAFON’ as a Com-
munity trade mark.

Operative part of the order

1. It is no longer necessary to adjudicate on the action.

2. The applicant shall bear the costs.

(1) OJ C 74, 25.3.2006.

Proprietor of the mark or sign cited in the opposition proceedings:
BANKINTER S.A.

Mark or sign cited in opposition: Community figurative mark
‘ecuenta — ebankinter’ for goods and services in Classes 16, 36
and 38 — Trade mark No 2 396 760.

Decision of
application for registration upheld.

the Opposition Division: Opposition refusing the

Decision of the Board of Appeal: Appeal inadmissible.

Pleas in law: Infringement of Rules 61 to 69 on notifications in
Regulation (EC) No 2869/95 (1).

(1) 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 February 2006 — González Sánchez
v OHIM — Bankinter (ENCUENTA)

(Case T-49/06)

(2006/C 310/36)

Action brought on 4 September 2006 — Promat v OHIM
— Puertas Proma (PROMAT)

(Case T-243/06)

(2006/C 310/37)

Language in which the application was lodged: German

Language in which the application was lodged: Spanish

Parties

Parties

Applicant: Francisco Javier González Sánchez (Madrid, Spain)
(represented by: G. Justicia González, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM:
BANKINTER S.A.

Form of order sought

— annul the decision of the Second Board of Appeal of OHIM
of 16 December 2005, notified on 21 December 2005, in
Case R 1116/2005-2, granting the applicant time within
which to bring an appeal against the opposition to the
mark applied for, which had been refused by OHIM on the
ground that its appeal was out of time.

Pleas in law and main arguments

Applicant for a Community trade mark: Confederaciόn Española
de Cajas de Ahorro.

Community trade mark concerned: Word mark ‘ENCUENTA’ for
goods and services in Classes 16, 36 and 38 — Application
No 2 534 584.

Applicant: Promat GmbH (Ratingen, Germany) (represented by:
J. Krenzel)

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

Other party to the proceedings before the Board of Appeal of OHIM:
Puertas Proma, S.A.L.

Form of order sought

— amend the defendant's decision of 4 May 2006 (Ref.

R 1059/2005-1) so as to allow the appeal in full;

— order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant.

Community trade mark concerned: the word mark ‘PROMAT’ for
goods and services in Classes 1, 3, 6 to 12, 14, 16 to 17, 20 to
22, 25 and 37 (Application No 932 202).

Proprietor of the mark or sign cited in the opposition proceedings:
Puertas Proma, S.A.L