Case T-6/07: Action brought on 2 January 2007 — Galderma v OHIM — Lelas (Nanolat)
Date: 2007-03-10
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), cosmetic product, pharmaceutical product, trade-mark law, veterinary medicinal product

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)