Case T-353/04: Judgment of the Court of First Instance of 13 February 2007 — Ontex v OHIM — Curon Medical (CURON) (Community trade mark — Opposition proceedings — Application for the Community word mark CURON — Opposition by the proprietor of the Community word mark EURON — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94)
Date: 2007-04-14
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), pharmaceutical product, trade-mark law

C 82/34

EN

Official Journal of the European Union

14.4.2007

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the parties to bear their own costs.

(1) OJ C 273, 6.11.2004.

Judgment of the Court of First Instance of 13 February
2007 — Ontex v OHIM — Curon Medical (CURON)

(Case T-353/04) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for the Community word mark CURON — Opposition
by the proprietor of the Community word mark EURON —
Likelihood of confusion — Article 8(1)(b) of Regulation (EC)
No 40/94)

(2007/C 82/74)

Language of the case: English

Parties

Judgment of the Court of First Instance of 13 February
2007 — Petralia v Commission

(Case T-354/04) (1)

(Officials — Temporary agents — Scientific service — Classi-
fication in grade)

(2007/C 82/75)

Language of the case: Italian

Parties

Applicant: Gaetano Petralia (Brussels, Belgium) (represented by:
C. Forte, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: J. Currall and C. Loggi, Agents)

Re:

Annulment of the Commission's decision of 7 October 2003
definitively classifying the applicant in grade B5, step 3, and the
decision of 13 May 2004 dismissing the applicant's claim.

Operative part of the judgment

The Court:

1. Dismisses the action;

Applicant: Ontex NV (Buggenhout, Belgium)
M. Du Tré, lawyer)

(represented by:

2. Orders the parties to bear their own costs.

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks
Folliard
Monguiral, Agent)

(represented by: A.

and Designs)

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: Curon Medical Inc.
(Sunnyvale, California, United States) (represented by: C. Algar
and J. Cohen, solicitors, and T. Ludbrook, barrister)

Re:

Action brought against the decision of the Second Board of
Appeal of OHIM of 5 July 2004 (Case R 22/2004-2), relating to
opposition proceedings between Ontex NV and Curon Medical,
Inc.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 262, 23.10.2004.

Judgment of the Court of First Instance of 14 February
2007 — Simões Dos Santos v OHIM

(Case T-435/04) (1)

(Staff case — OHIM officials and temporary staff — Reports
and promotion — Merit points reset at zero and their total
recalculated — Transitional arrangements — Action for
annulment — Plea of illegality — Non-retroactivity — Princi-
ples of legality and legal certainty — Legal basis — Legiti-
mate expectations — Equal treatment)

(2007/C 82/76)

Language of the case: French

(1) OJ C 273, 6.11.2004.

Parties

Applicant: Manuel Simões Dos Santos (Madrid, Spain)
sented by: A. Creus Carreras, lawyer)

(repre-