Case T-483/04: Judgment of the Court of First Instance of 17 October 2006 — Armour Pharmaceutical v OHIM — Teva Pharmaceutical Industries Ltd (GALZIN) (Community trade mark — Opposition proceedings — Application for Community word mark GALZIN — Earlier national word mark CALSYN — Relative ground for refusal — Likelihood of confusion — Similarity of goods and signs — Article 8(1)(b) of Regulation (EC) No 40/94 — Article 43(2) and (3) of Regulation No 40/94 — Findings of OHIM — Admissibility)
Date: 2006-12-16
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), pharmaceutical industry, trade-mark law

16.12.2006

EN

Official Journal of the European Union

C 310/15

Judgment of the Court of First Instance of 17 October
2006 — Armour Pharmaceutical v OHIM — Teva Pharma-
ceutical Industries Ltd (GALZIN)

Judgment of the Court of First Instance of 17 October
2006 — Hammarplast v OHIM — Steninge Slott
(STENINGE SLOTT)

(Case T-483/04) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for Community word mark GALZIN — Earlier
national word mark CALSYN — Relative ground for refusal
— Likelihood of confusion — Similarity of goods and signs
— Article 8(1)(b) of Regulation (EC) No 40/94 — Article
43(2) and (3) of Regulation No 40/94 — Findings of OHIM
— Admissibility)

(2006/C 310/28)

Language of the case: French

Parties

(Case T-499/04) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for Community word mark STENINGE SLOTT —
Earlier word mark STENINGE KERAMIK — Likelihood of
confusion)

(2006/C 310/29)

Language of the case: English

Parties

Applicant: Hammarplast AB (Tingsryd, Sweden) (represented by:
R. Almaraz Palmero, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)
(represented by: A. Folliard-
Monguiral, Agent)

Other party to the proceedings before the Board of Appeal of OHIM,
Instance: Steninge Slott AB
intervener before the Court of First
(Märast, Sweden) (represented by: M. Björkenfeldt, lawyer)

Applicant: Armour Pharmaceutical Co. (Bridgewater, New Jersey
United States) (represented by: R. Gilbey, lawyer)

Re:

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

Other party to the proceedings before the Board of Appeal of OHIM:
Teva Pharmaceutical Industries Ltd (Jerusalem, Israel)

Re:

Action brought against the decision of the Second Board of
Appeal of OHIM of 25 October 2004 (Case R 394/2003-2)
concerning the opposition filed by the holder of the national
trade mark STENINGE KERAMIK against registration of the
Community trade mark STENINGE SLOTT.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 7 September 2004 (Case R 295/2003-4)
relating to opposition proceedings between Armour Pharma-
ceutical Co. and Teva Pharmaceutical Industries Ltd

(1) OJ C 57 of 05.03.2005.

Operative part of the judgment

The Court:

1. Annuls the decision of the Fourth Board of Appeal of the Office
(Trade Marks and

for Harmonisation in the Internal Market
Designs) (OHIM) of 7 September 2004 (Case R 295/2003-4);

2. Orders OHIM to bear its own costs and to pay those incurred by

the applicant.

(1) OJ C 69, 19.3.2005.

Judgment of the Court of First Instance of 19 October
2006 — Pessoa e Costa v Commission

(Case T-503/04) (1)

(Compliance with a judgment of the Court of First Instance
— Interinstitutional transfer to the European Monitoring
Centre for Drugs and Drug Addiction (EMCDDA) —
Refusal — Effect on disciplinary proceedings)

(2006/C 310/30)

Language of the case: French

Parties

Applicant: José Pedro Pessoa e Costa (Brussels, Belgium) (repre-
sented by: S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal)