Case T-8/07: Action brought on 4 January 2007 — Torres v OHIM–Gala-Salvador Dalí (TG Torre Galatea)
Date: 2007-03-10
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), alcoholic beverage, trade-mark law

C 56/34

EN

Official Journal of the European Union

10.3.2007

In the further alternative, Belgium submits that, contrary to the
conclusion reached by the Commission, the rate of the interest
claimed is variable. In consequence,
it claims that the Court
should order the Commission to reimburse the excess interest
that Belgium has paid on the debts at issue.

(1) Council Regulation (EEC) No 2950/83 of 17 October 1983 on the
implementation of Decision 83/516/EEC the tasks of the European
Social Fund (OJ L 289, 22.10.1983, p. 1).

(2) Commission Decision 83/673/EEC of 22 December 1983 on the
(OJ L 377,

the European Social Fund (ESF)

management of
31.12.1983, p. 1).

(3) Order of the Court of First Instance in Case T-134/05 Belgium v

Commission [2006] ECR II-0000.

(4) Council Regulation (EC, Euratom) No 2988/95 of 18 December
the European Communities financial

1995 on the protection of
interests (OJ L 312, 23.12.1995, p. 1).

(5) Commission Regulation (EC, Euratom) No 2342/2002 of 23
December 2002 laying down detailed rules for the implementation
of Council Regulation (EC, Euratom) No 1605/2002 on the Financial
Regulation applicable to the general budget of
the European
Communities (OJ L 357, 31.12.2002, p. 1).

Pleas in law and main arguments

Applicant for a Community trade mark: Tihomir Lelas

Community trade mark concerned: Word mark Nanolat for goods
in Classes 1, 3 and 5 (application No 3 088 986)

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

Mark or sign cited in opposition: German word mark TANNO-
LACT for goods in Class 5

Decision of the Opposition Division: Opposition rejected

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC)
No 40/94, (1) as there is a likelihood of confusion between the
opposing marks

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

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

Action brought on 2 January 2007 — Galderma v OHIM
— Lelas (Nanolat)

(Case T-6/07)

(2007/C 56/64)

Language in which the application was lodged: German

Action brought on 4 January 2007 — Torres v OHIM–
Gala-Salvador Dalí (TG Torre Galatea)

(Case T-8/07)

(2007/C 56/65)

Language in which the application was lodged: Spanish

Parties

Parties

Applicant: Galderma SA (Cham, Switzerland) (represented by N.
Hebeis, lawyer)

Applicant: Miguel Torres S.A. (Barcelona, Spain) (represented by:
E. Armijo Chávarri, M.A Baz de San Ceferino, and A. Castán
Pérez-Gómez, lawyers)

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

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

Other party to the proceedings before the Board of Appeal of OHIM:
Tihomir Lelas

Other party to the proceedings before the Board of Appeal of OHIM:
Fundación Gala-Salvador Dalí

Form of order sought

— annul

the decision of

the Fourth Board of Appeal of
25 October 2006 in Case R 0146/2006-4 in so far as the
opposition against the goods ‘Pharmaceuticals; pharmaceu-
tical and veterinary products and preparations for health
care; soaps; cosmetics and hair lotions’ was rejected;

— refuse Community trade mark application 003088986

NANOLAT for the goods mentioned above;

— order OHIM to pay the costs.

Form of order sought

— Annul the decision of the Second Board of Appeal of the

Office of 24 October 2006 in case R 168/2006-2

— Order expressly that the Office pay the costs

Pleas in law and main arguments

Applicant for a Community trade mark: Fundación Gala-Salvador
Dalí

Community trade mark concerned: The figurative mark ‘TG Torre
Galatea’ for goods in Class 33 (application No 2730513)

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.