Case T-9/07: Action brought on 9 January 2007 — Grupo Promer Mon-Graphic v OHIM — PepsiCo (Designs)
Date: 2007-03-10
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), designs and models, gaming, sales promotion, trade-mark law

10.3.2007

EN

Official Journal of the European Union

C 56/35

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

Proprietor of the Community design: PepsiCo, Inc.

Mark or sign cited in opposition: Community word mark ‘TORRES
10’ for goods in Class 33 (No 466896) and numerous other
Community, national and international trade marks

Decision of the Opposition Division: Opposition upheld and appli-
cation for registration of the mark refused

Party requesting the declaration of invalidity of the Community design:
The applicant

Design of the party requesting the declaration of invalidity: Registered
Community design for ‘metal plate[s] for games’ — Community
Design No 53186-1

Decision of the Board of Appeal: Appeal upheld, annulment of the
contested decision and rejection of the opposition

Decision of the Invalidity Division: Declaration of invalidity of the
Community design

Pleas in law: Infringement of Article 8(1) (b) of Regulation (EC)
No. 40/94 (1) in that there is a likelihood of confusion of the
conflicting marks

Decision of the Board of Appeal: Annulment of the Invalidity Divi-
sion's decision and dismissal of the application for a declaration
of invalidity of the registered Community design

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

Community trademark (OJ L 11, 1994, p. 1).

Pleas in law: The contested Community Design No 74463-1
lacks novelty and individual character compared to the regis-
tered Community Design No 53186-1, which has claimed
priority of an earlier Spanish design.

Action brought on 9 January 2007 — Grupo Promer Mon-
Graphic v OHIM — PepsiCo (Designs)

(Case T-9/07)

(2007/C 56/66)

Language in which the application was lodged: English

Action brought on 8 January 2007 — FVB v OHIM — FVD
(FVB)

(Case T-10/07)

(2007/C 56/67)

Language in which the application was lodged: German

Parties

Applicant: Grupo Promer Mon-Graphic, SA (Sabadell, Spain)
(represented by: R. Almaraz Palmero, lawyer)

Parties

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

Applicant: FVB Gesellschaft für Finanz- und Versorgungsberatung
mbH (Osnabrück, Germany) (represented by: P. Koehler, lawyer)

Other party to the proceedings before the Board of Appeal: PepsiCo,
Inc. (New York, USA)

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

Form of order sought

— Annulment of the decision of the Third Board of Appeal at

OHIM of 27 October 2006 in Case R 1001/2005-3;

— order the Office for the Harmonisation in the Internal
Market (OHIM) and the intervening party, Pepsico Inc., to
pay all the costs of the dispute before the Court of First
Instance,
including those relating to the procedure before
the Third Board of Appeal.

Pleas in law and main arguments

Registered Community design subject of the application for a declara-
tion of invalidity: Registered Community design for ‘promotional
item[s] for games’ — Community Design No 74463-1

Other party to the proceedings before the Board of Appeal of OHIM:
FVD Gesellschaft für Finanzplanung und Vorsorgemanagement
Deutschland mbH

Form of order sought

— Alter the decision of the Fourth Board of Appeal of the
Office for Harmonisation in the Internal Market
(Trade
Marks and Designs) (OHIM) in appeal case R 1343/2005-4
the decision of
of 6 November 2006 so as to annul
12 September 2005 on opposition No B 549 362 of the
Finanz- und Versorgungsdienstgesellschaft
für Finanzbera-
tung und Versorgemanagement mbH against application No
2 126 175 and to reject the opposition;

— Order the defendant to pay the costs of the proceedings.