Case T-451/07: Action brought on 10 December 2007 — WellBiz v OHIM — Wild (WELLBIZ)
Date: 2007-04-16
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), business management, consultancy, trade-mark law

C 37/32

EN

Official Journal of the European Union

9.2.2008

Action brought on 3 December 2007 — Harwin
International v OHIM — Cuadrado (Pickwick)

Action brought on 10 December 2007 — WellBiz v OHIM
— Wild (WELLBIZ)

(Case T-450/07)

(2008/C 37/50)

Language in which the application was lodged: English

(Case T-451/07)

(2008/C 37/51)

Language in which the application was lodged: German

Parties

Applicant: Harwin International LLC (Albany, United States)
(represented by: D. Przedborski, lawyer)

Parties

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

Applicant: WellBiz Verein, WellBiz Association
Liechtenstein) (represented by: M. Schnetzer)

(Eschen,

Other party to the proceedings before the Board of Appeal: Cuadrado
SA (Paterna, Spain)

Form of order sought

— Annulment of the decision of the OHIM's Second Board of
Appeal in Case R 1245/2006-2, rendered on 10 September
2007;

— order the defendant and Cuadrado SA to bear their own
costs and to reimburse the costs incurred by the applicant.

Pleas in law and main arguments

the application for a
Registered Community trade mark subject of
declaration of invalidity: The figurative trade mark containing the
word components ‘PICKWICK COLOUR GROUP’ for goods and
services in Class 25 — application No 826669

Proprietor of the Community trade mark: Harwin International LLC

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

Other party to the proceedings before the Board of Appeal: Rudolf
Wild GmbH & Co. KG (Eppelhein, Germany)

Form of order sought

— To annul

the decision of

the First Board of Appeal of

2 October 2007 in Case R 1575/2006-1;

— To reject Opposition No B 809 394 of the opponent of

9 March 2005;

— To order OHIM and the opponent to pay the costs of the
present case and also those incurred in the opposition and
appeal proceedings before OHIM.

Party requesting the declaration of invalidity of the Community trade
mark: Cuadrado SA

Pleas in law and main arguments

Trade mark right of the party requesting the declaration of invalidity:
The earlier national word mark ‘PICK OUIC, CUADRADO SA,
VALENCIA’ and the figurative trade mark containing the word
elements ‘Pick Ouic’ for goods in class 25

Decision of the Cancellation Division: Declared the mark applied
for invalid in its entirety

Applicant for a Community trade mark: the applicant.

Community trade mark concerned: the word mark ‘WELLBIZ’
respect of
No 3 844 479).

in
in Classes 35 and 41 (application

services

Decision of the Board of Appeal: Dismissed the appeal

Proprietor of the mark or sign cited in the opposition proceedings:
Rudolf Wild GmbH & Co. KG.

Pleas in law: Infringement of Articles 8(1)(b) and 56(2) and (3)
of Council Regulation (EC) No 40/94.

that

the Board's

to the
The applicant claims
non-examination by the Cancellation Division of the evidence
submitted by Cuadrado is inconsistent and contrary to law.
Furthermore, the applicant submits that there is no likelihood of
confusion between the trademarks concerned.

finding as

Mark or sign cited in opposition: the word mark ‘WILD.BIZ’ for
services in Classes 38, 41 and 42 (Community trade mark
No 2 225 175), the opposition being based on some of the
services in Class 41.

Decision of the Opposition Division: Opposition upheld in relation
to all the contested services in Class 41.

Decision of the Board of Appeal: Dismissal of the appeal.

9.2.2008

EN

Official Journal of the European Union

C 37/33

Pleas
in law: Breach of Article 8(1)(b) of Regulation (EC)
No 40/94 (1), since the marks in question differ phonetically,
figuratively and conceptually, and the mark cited in opposition
does not enjoy a particularly high degree of recognition and
does not therefore possess a high level of distinctiveness.

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

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

Action brought on 11 December 2007 — Dylog
Italia/OHIM — GSI Office Management (IP Manager)

(Case T-453/07)

(2008/C 37/52)

Language in which the application was lodged: English

Parties

Applicant: Dylog Italia SpA (Turin, Italy) (represented by: A. Ruo,
lawyer)

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

Other party to the proceedings before the Board of Appeal: GSI Office
Management GmbH (Planegg, Germany)

Pleas in law and main arguments

Applicant for the Community trade mark: GSI Office Management
GmbH

Community trade mark concerned: The Community word mark ‘IP
MANAGER’ for services in classes 35, 36, 38, 41 and 42 —
application No 2 177 277

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

Mark or sign cited: The earlier national and international word
marks ‘MANAGER’ for goods in classes 9, 16, 35, 37, 39, 41
and 42 and the national word mark ‘HOTEL MANAGER’ for
goods and services in classes 9 and 42

Decision of the Opposition Division: Rejected the opposition in its
entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8 of Council Regulation
(EC) No 40/94.

Order of the Court of First Instance of 12 December 2007
— Sandoz v Commission

(Case T-105/04) (1)

(2008/C 37/53)

Language of the case: English

The President of the Sixth Chamber has ordered that the case be
removed from the register.

Form of order sought

(1) OJ C 106, 30.4.2004.

— Annulment of the decision of 27 September 2007, of the
First Board of Appeal R982/2005-4, in so far as the Board
established that there was no likelihood of confusion in
respect of all the services for which registration is sought in
classes 35, 38 and the services in class 42 which were found
similar to the goods covered by the earlier Italian mark; and
subsidiarily

— annulment of the contested decision in so far as the Board
established that there was no likelihood of confusion in
respect of all the services in class 38 and the services in
class 42 which were found similar to the goods covered by
the earlier Italian mark;

— the Office for the Harmonisation in the Internal market
(OHIM) be ordered to pay the applicant's costs in accordance
with Article 87(2) of the rules of procedure of the Court of
First Instance.

Order of the Court of First Instance of 11 December 2007
— UPS Europe and UPS Deutschland v Commission

(Case T-329/07) (1)

(2008/C 37/54)

Language of the case: English

The President of the Court of First Instance (First Chamber) has
ordered that the case be removed from the register.

(1) OJ C 247, 20.10.2007.