Case T-501/04: Judgment of the Court of First Instance of 15 February 2007 — Bodegas Franco-Españolas v OHIM — Companhia Geral da Agricultura das Vinhas do Alto Douro (ROYAL) (Community trade mark — Opposition proceedings — Application for the Community word mark ROYAL — Earlier Community word mark ROYAL FEITORIA — Relative ground for refusal — No 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), alcoholic beverage, trade-mark law

14.4.2007

EN

Official Journal of the European Union

C 82/35

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: I. de Medrano Cabal-
lero, agent, and D. Waelbroeck, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by S. Laitinen and G.
Schneider, Agents)

Re:

Application for annulment, first, of OHIM's decision of 7 July
2004 rejecting the applicant's complaint of 11 March 2004
and, secondly, of OHIM's decision of 15 December 2003 estab-
lishing the cumulative total of the applicant's merit points under
the 2003 promotion procedure and of
the Joint Evaluation
Board's opinion of 12 December 2003.

Operative part of the judgment

The Court:

1. annuls OHIM's decision of 15 December 2003 definitively allo-
cating merit points under the 2003 promotion procedure to the
applicant and OHIM's decision of 7 July 2004 rejecting the appli-
cant's complaint of 11 March 2004 in so far as they entail a
finding that the balance of the applicant's merit points has disap-
peared, as acknowledged by decision PERS-PROM-39-03rev1 on
promotion, of 30 March 2004;

2. dismisses the action as to the remainder;

3. orders OHIM to pay the costs.

(1) OJ C 6, 8.1.2005.

Judgment of the Court of First Instance of 6 February 2007
— Aktieselskabet af 21. november 2001 v OHIM — TDK
Kabushiki Kaisha (TDK)

(Case T-477/04) (1)

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: TDK Kabushiki Kaisha
(TDK Corp.) (Tokyo, Japan) (represented by A. Norris, Barrister)

Re:

ACTION brought against the decision of
the First Board of
Appeal of OHIM of 7 October 2004 (Case R 364/2003-1)
concerning opposition proceedings between TDK Kabushiki
Kaisha (TDK Corp.) and Aktieselskabet af 21 november 2001.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant, Aktieselskabet af 21. november 2001 to pay

the costs.

(1) OJ C 69, 19.3.2005.

Judgment of the Court of First Instance of 15 February
2007 — Bodegas Franco-Españolas v OHIM — Companhia
Geral da Agricultura das Vinhas do Alto Douro (ROYAL)

(Case T-501/04) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for the Community word mark ROYAL — Earlier Com-
munity word mark ROYAL FEITORIA — Relative ground for
refusal — No likelihood of confusion — Article 8(1)(b) of
Regulation (EC) No 40/94)

(Community trade mark — Opposition proceedings — Appli-
cation for Community word mark TDK — Earlier Community
figurative mark TDK — Earlier national word or figurative
marks TDK — Relative ground for refusal — Reputation —
Taking unfair advantage of the distinctive character or the
reputation of the earlier mark — Article 8(5) of Regulation
(EC) No 40/94)

Parties

(2007/C 82/78)

Language of the case: Spanish

(2007/C 82/77)

Language of the case: English

Parties

Applicant: Aktieselskabet af 21. november 2001 (Brande,
Denmark) (represented by C. Barret Christiansen, lawyer)

Applicant: Bodegas Franco-Españolas, SA (Logroño, Spain)
(represented by: E. López Camba, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: J. García Murillo,
Agent)

Other party to the proceedings before the Board of Appeal of OHIM:
Companhia Geral da Agricultura das Vinhas do Alto Douro, SA
(Real Companhia Velha) (Vila Nova de Gaia, Portugal) (repre-
sented by: D. Martins Pereira, lawyer)

C 82/36

EN

Official Journal of the European Union

14.4.2007

Re:

Operative part of the judgment

Action brought against the decision of the First Board of Appeal
of OHIM of 25 October 2004 (Case R 513/2002-1), relating to
opposition proceedings between Companhia Geral da Agricul-
tura das Vinhas do Alto Douro, SA (Real Companhia Velha) and
Bodegas Franco-Españolas, SA.

The Court:

1. Dismisses the action;

2. Orders the parties to bear their own costs.

(1) OJ C 106, 30.4.2005.

Operative part of the judgment

The Court:

1. Annuls the decision of the First Board of Appeal of the Office for
Harmonisation in the Internal Market (Trade Marks and Designs)
(OHIM) of 25 October 2004 (Case R 513/2002-1);

2. Orders OHIM to pay the costs.

Judgment of the Court of First Instance of 8 February 2007
— Quelle v OHIM — Nars Cosmetics (NARS)

(1) OJ C 45, 19.2.2005.

(Case T-88/05) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for the figurative Community trade mark NARS —
Earlier figurative national marks including the word element
MARS — Relative ground for refusal — Likelihood of confu-
signs —
sion — Absence of

similarity between the

Article 8(1)(b) of Regulation (EC) No 40/94)

(2007/C 82/80)

Language of the case: English

Judgment of the Court of First Instance of 14 February
2007 — Seldis v Commission

(Case T-65/05) (1)

(Officials — Probationary officials — Scientific or technical
service — Appointment of a temporary agent following a
competition — Classification in grade and step)

(2007/C 82/79)

Parties

Language of the case: French

Applicant: Quelle AG (Fürth, Germany)
H. Lindner, lawyer)

(represented by:

Parties

Applicant: Thomas Seldis (Amsterdam, Netherlands) (represented
by: S. Orlandi, X. Martin, A. Coolen, J.-N. Louis and É. Marchal,
lawyers)

Defendant: Commission of the European Communities (repre-
sented by: V. Joris and K. Herrmann, Agents)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)
(represented by: S. Laitinen and
A. Folliard Monguiral, Agents)

Other party to the proceedings before the Board of Appeal of OHIM,
intervener before the Court of First Instance: Nars Cosmetics, Inc.
(New York, United States) (represented by: M. de Justo Bailey,
lawyer)

Re:

Re:

Action for annulment the Commission's decision of 5 April
2004 to appoint the applicant a probationary official in so far
as it classifies him in grade A7, step 5.

Action for annulment of the decision of the Second Board of
Appeal of OHIM of 17 December 2004 (Case R 379/2004-2)
relating to opposition proceedings between Quelle AG and Nars
Cosmetics, Inc.