Joined Cases T-333/04 and T-334/04: Judgment of the Court of First Instance of 18 April 2007 — House of Donuts International v OHIM — Panrico (House of Donuts) (Community trade mark — Opposition proceedings — Applications for Community figurative marks House of donuts — Earlier national word marks DONUT and earlier figurative marks donuts — Relative ground for refusal — Likelihood of confusion)
Date: 2007-04-28
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), catering industry, confectionery product, domestic market, non-alcoholic beverage, trade-mark law

28.4.2007

EN

Official Journal of the European Union

C 96/33

Re:

and R 1036/2001-4)
between Panrico, SA and House of Donuts International

concerning opposition proceedings

Application for the annulment of
the Council's decision of
30 April 2004 refusing to give the applicant access to certain
documents relating to the meeting of the committee of the
Council known as ‘the Article 133 Committee’ of 19 December
2003.

Operative part of the judgment

The Court:

1. Dismisses the action;

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant to pay the costs of the Office for Harmonisa-
tion in the Internal Market (Trade Marks and Designs) and of the
intervener.

2. Orders the applicant to bear its own costs and to pay those incurred

by the Council;

(1) OJ C 300, 4.12.2004.

3. Orders the Commission to bear its own costs.

(1) OJ C 262, 23.10.2004.

Judgment of the Court of First Instance of 18 April 2007
— House of Donuts International v OHIM — Panrico
(House of Donuts)

(Joined Cases T-333/04 and T-334/04) (1)

(Community trade mark — Opposition proceedings — Appli-
cations for Community figurative marks ‘House of donuts’ —
Earlier national word marks ‘DONUT’ and earlier figurative
marks ‘donuts’ — Relative ground for refusal — Likelihood
of confusion)

Judgment of the Court of First Instance of 29 March 2007
— Verheyden v Commission

(Case T-368/04) (1)

(Staff case — Application to carry over annual
leave —
Requirements of the service — Sick leave — Protection of
legitimate expectations)

(2007/C 96/69)

Language of the case: French

(2007/C 96/68)

Parties

Language of the case: English

Parties

Applicant: House of Donuts International (George Town, Grand
Cayman) (represented by: N. Decker, lawyer)

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,
intervening before
Instance: Panrico, SA
(Barcelona, Spain) (represented by: D. Pellisé Urquiza, lawyer)

the Court

of First

Re:

Two actions brought against the decisions of the Fourth Board
of Appeal of OHIM of 12 May 2004 (Cases R 1034/2001-4

Applicant: Luc Verheyden (Angera,
É. Boigelot, lawyer)

Italy)

(represented by:

Defendant: Commission of the European Communities (repre-
sented by: V. Joris and L. Lozano Palacios, Agents)

Re:

Application, firstly, for annulment of the decisions of the appli-
cant's head of unit, dated 4, 24 and 27 February 2004, relating
to the applicant's application to carry over from 2003 to 2004
the days of annual leave not taken which exceeded the threshold
of 12 days and for annulment of the administration's decision
of 1 June 2004, received on 14 June 2004, rejecting the appli-
cant's complaint and, secondly, for an order that the Commis-
sion pay compensation for 32 days of annual leave not used up
and not paid, together with interest at 5.25 % from the date of
commencement of this action and for an order for payment of
damages in respect of non-material damage, detriment to his
career and detriment to his reputation