Case T-364/05: Judgment of the Court of First Instance of 22 March 2007 — Saint-Gobain Pam v OHIM — Propamsa (PAM PLUVIAL) (Community trade mark — Opposition proceedings — Application for the Community word mark PAM PLUVIAL — Earlier national figurative marks PAM — Relative ground for refusal — Likelihood of confusion — Proof of use — Article 8(1)(b) and Article 43 of Regulation (EC) No 40/94)
Date: 2007-04-28
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), piping, trade-mark law, tube

C 95/40

EN

Official Journal of the European Union

28.4.2007

Re:

Action brought against the decision of the First Board of Appeal
of OHIM of 10 June 2005 (Case R 1145/2004-1) relating to
opposition proceedings between Terra Network, SA and Carsten
Brinkmann.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

Order of the Court of First Instance of 5 March 2007 —
Beyatli and Candan v Commission

(Case T-455/04) (1)

(Officials — Open competition — Notice of competition —
Time-limits — Compalint — Inadmissibility)

(2007/C 95/81)

Language of the case: English

(1) OJ C 281, 12.11.2005.

Parties

Judgment of the Court of First Instance of 22 March 2007
(PAM
— Saint-Gobain Pam v OHIM — Propamsa

Applicants: Derya Beyatli (Nicosia, Cyprus) and Armagan Candan
(Istanbul, Turkey) (represented by: A. Demetriades, lawyer)

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

PLUVIAL)

(Case T-364/05) (1)

Re:

(Community trade mark — Opposition proceedings — Appli-
cation for the Community word mark PAM PLUVIAL —
Earlier national figurative marks PAM — Relative ground for
refusal — Likelihood of confusion — Proof of use —
Article 8(1)(b) and Article 43 of Regulation (EC) No 40/94)

(2007/C 95/80)

Language of the case: French

Parties

Applicant: Saint-Gobain Pam SA (Nancy, France) (represented by:
J. Blanchard and G. Marchais, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM:
Propamsa, SA (Barcelona, Spain)

Re:

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 15 April 2005 (Case R 414/2004-4)
concerning registration of the word mark PAM PLUVIAL and
relating to opposition proceedings between Propamsa, SA and
Saint-Gobain Pam SA.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant, Saint-Gobain Pam SA, to pay the costs.

Application for annulment of the decision of 5 May 2004 of
the president of the selection board of open competition EPSO/
A/1/03 notifying the applicants of their failure in the written
tests

Operative part of the order

1. The action is dismissed as inadmissible.

2. Each of the parties is to bear its own costs.

(1) OJ C 57 of 5.1.2005.

Order of the Court of First Instance of 27 February 2007
— SP Entertainment Development v Commission

(Case T-44/05) (1)

(State aid — Actionable measure — Inadmissibility)

(2007/C 95/82)

Language of the case: German

(1) OJ C 315, 10.12.2005.

Parties

Applicant: SP Entertainment Development GmbH (Norderfrie-
drichskoog, Germany) (represented by: C. Demleitner, lawyer)