Case T-167/05: Judgment of the Court of First Instance of 13 June 2007 — Grether v OHIM — Crisgo (FENNEL) (Community trade mark — Opposition proceedings — Application for the figurative Community trade mark FENNEL — Earlier Community word mark FENJAL — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b), Article 73, second sentence, and Article 74(1) of Regulation (EC) No 40/94)
Date: 2007-07-21
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law

C 170/22

EN

Official Journal of the European Union

21.7.2007

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (OHIM) and Waterford Wedgwood plc to
pay, in addition to their own costs, the costs incurred by the appli-
cant.

2. Orders the parties to bear their own costs.

(1) OJ C 115, 14.5.2005.

(1) OJ C 6, 8.1.2005.

Judgment of the Court of First Instance of 12 June 2007 —
v OHIM —
Assembled

(Proprietary)

Investments

Waterford Wedgwood (WATERFORD STELLENBOSCH)

(Case T-105/05) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for the figurative Community mark WATERFORD
STELLENBOSCH — Earlier Community word mark
WATERFORD — Relative ground for refusal — No likeli-
hood of confusion — Absence of similarity between the goods
— Absence of complementarity — Article 8(1)(b) of Regu-
lation (EC) No 40/94)

(2007/C 170/41)

Language of the case: English

Parties

Assembled

Ltd
Applicant:
(Stellenbosch, South Africa) (represented by: P. Hagmann and S.
Ziegler, Lawyers)

(Proprietary)

Investments

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

(represented by: A.

and Designs)

Other party to the proceedings before the Board of Appeal of OHIM,
intervener before the Court of First Instance: Waterford Wedgwood
plc (Waterford, Ireland) (represented by: K. Manhaeve, Lawyer)

Re:

Action brought against the decision of the First Board of Appeal
of OHIM of 15 December 2004 (Case R 240/2004-1) relating
to opposition proceedings between Waterford Wedgwood and
Assembled Investments (Proprietary) Ltd.

Operative part of the judgment

The Court:

1. Annuls the decision of the First Board of Appeal of OHIM of

15 December 2004 (Case R 240/2004-1);

Judgment of the Court of First Instance of 13 June 2007 —
Grether v OHIM — Crisgo (FENNEL)

(Case T-167/05) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for the figurative Community trade mark FENNEL —
Earlier Community word mark FENJAL — Relative ground for
refusal — No likelihood of confusion — Article 8(1)(b),
Article 73, second sentence, and Article 74(1) of Regulation
(EC) No 40/94)

(2007/C 170/42)

Language of the case: English

Parties

Applicant: Grether AG (Binningen, Switzerland) (represented by:
initially, V. von Bomhard, A. Pohlmann and A. Renck, and
subsequently, V. von Bomhard, A. Pohlmann and T. Dolde,
lawyers)

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: Crisgo (Thailand) Co.
Ltd (Samutsakom, Thailand) (represented by: A. Bensoussan, M.
Haas and L. Tellier-Loniewski, lawyers)

Re:

against

brought

Fourth
the
Action
Chamber of the Board of Appeal of OHIM of 14 October 2004
(Case R 250/2002-4)
concerning opposition proceedings
between Grether AG and Crisgo (Thailand) Co. Ltd.

decision

the

of

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders the applicant to pay the costs.

(1) OJ C 182, 23.7.2005.