Case T-368/06: Action brought on 8 December 2006 — Rath v OHIM — Sanorell Pharma (Immunocell)
Date: 2007-03-10
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), dietary product, food supplement, trade-mark law, vitamin

10.3.2007

EN

Official Journal of the European Union

C 56/29

Operative part of the order

1. The action is dismissed as inadmissible.

2. The applicant shall bear its own costs and pay those incurred by

the Council.

Action brought on 8 December 2006 — Rath v OHIM —
Sanorell Pharma (Immunocell)

(Case T-368/06)

(2007/C 56/58)

3. The Commission shall bear its own costs.

Language in which the application was lodged: German

(1) OJ C 115, 14.5.2005.

Order of the Court of First Instance of 12 January 2007 —
SPM v Commission

(Case T-104/06) (1)

(Common organisation of the markets — Bananas — Scheme
for the import of bananas originating in ACP countries to the
European Union — Regulation (EC) No 219/2006 — Action
for annulment — Locus standi — Inadmissibility)

(2007/C 56/57)

Language of the case: French

Parties

Applicant: Société des plantations de Mbanga SA (Douala,
Cameroon) (represented by: B. Doré, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: F. Clotuche-Duvieusart and L. Visaggio, Agents)

Re:

Action for
annulment of Commission Regulation (EC)
No 219/2006 of 8 February 2006 opening and providing for
the administration of the tariff quota for bananas falling under
CN code 0803 00 19 originating in ACP countries for the
period 1 March to 31 December 2006 (OJ 2006 L 38, p. 22)

Parties

Applicant: Matthias Rath (Cape Town, South Africa) (represented
by: S. Ziegler, C. Kleiner and F. Dehn, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM:
Sanorell Pharma GmbH & Co.

Form of order sought

— Annul the decision of the Fourth Board of Appeal of the
(Trade

Office for Harmonisation in the Internal Market
Marks and Designs) (OHIM) of 3 October 2006;

— Order OHIM to pay the costs of the proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant.

Community trade mark concerned: The word mark ‘Immunocell’ for
goods and services in Classes 5 , 16 and 41 (Registration
No 1 065 903).

Proprietor of the mark or sign cited in the opposition proceedings:
Sanorell Pharma GmbH & Co.

Mark or sign cited in opposition: The word mark ‘IMMUNORELL’
for goods in Class 5 (Community trade mark No 808 014), the
opposition being brought only against
the registration in
Class 5.

Decision of the Opposition Division: Opposition granted, partial
rejection of the application.

Operative part of the order

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

1. The action is dismissed as inadmissible;

2. The Société des plantations de Mbanga SA (SPM) shall bear its

own costs and pay those of the Commission.

Pleas in law: The contested decision infringes Article 8(1)(b) of
Regulation (EC) No 40/94 (1) since there is no likelihood of
confusion between the opposing marks.

(1) OJ C 131, 3.6.2006.

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

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