Case T-191/07: Action brought on 31 May 2007 — Anheuser-Busch v OHIM — Budějovický Budvar (BUDWEISER)
Date: 2007-08-04
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), beer, non-alcoholic beverage, trade-mark law

C 183/34

EN

Official Journal of the European Union

4.8.2007

Also, contrary to the rights of the other party to the cancella-
tion and appeal proceedings (hereinafter, ‘Farmec’), the applicant
claims to have broader rights over the trade mark, both with
is entitled to
regards to the range of cosmetic products it
produce as to their composition. Based on the assumption that
the two companies enjoy equal and distinctive rights over the
trademark GEROVITAL H3 Prof. Dr. A. Aslan related to the
intensity of protection, the anteriority/precedence aspect referred
to by Farmec should have no bearing according to the appli-
cant.

Finally, the applicant submits that its ownership rights would be
seriously affected if faced to the impossibility to acquire interna-
tional recognition and protection of the rights deriving from the
assignment contract, even if it claims to enjoy full rights and
protection in Romania.

goods and services in Classes 16, 39 and 42 (Community trade
mark No 81 406).

Proprietor of the Community trade mark: The applicant.

Applicant for the declaration of invalidity: DSR touristik GmbH.

Decision of the Cancellation Division: Partial declaration of inva-
lidity of the trade mark concerned.

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

Pleas in law: Incorrect application of Article 51(1)(a), of Article 7
(1)(c) and of Article 51(2) of Regulation (EC) No 40/94 (1).

(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 4 June 2007 — Frosch Touristik v
OHIM — DSR touristik (FLUGBÖRSE)

(Case T-189/07)

(2007/C 183/66)

Language in which the application was lodged: German

Action brought on 31 May 2007 — Anheuser-Busch v
OHIM — Budějovický Budvar (BUDWEISER)

(Case T-191/07)

(2007/C 183/67)

Language in which the application was lodged: German

Parties

Applicant: Frosch Touristik GmbH (Munich, Germany)
sented by: H. Lauf, Rechtsanwalt)

(repre-

Parties

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

Other party to the proceedings before the Board of Appeal of OHIM:
DSR touristik GmbH

Form of order sought

— annul the decision of the Fourth Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) of 22 March 2007 — Case R 1084/2004-4 —
in its entirety and refer the case back to the Office for
Harmonisation in the Internal Market
(Trade Marks and
Designs) for a fresh decision;

— order the defendant to pay the costs.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of
for
invalidity has been sought: The word mark ‘FLUGBÖRSE’

Applicant: Anheuser-Busch, Inc. (St. Louis, United States) (repre-
sented by: V. von Bomhard, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM:
Budějoviský Budvar, národní podnik

Form of order sought

— Annul the decision of the Second Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) of 20 March 2007 in Case R 299/2006-2;

— In the alternative, annul the decision of the Second Board of
Appeal of
the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) of 20 March 2007 in
Case R 299/2006-2 in so far as it concerns ‘non-alcoholic
drinks’;

— Order the defendant and, in the event that it intervenes, the
other party to the proceedings before the Office for Harmo-
nisation in the Internal Market to pay the costs.

4.8.2007

EN

Official Journal of the European Union

C 183/35

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant.

Market (Trade Marks and Designs) of 22 March 2007 in
Case R 1276/2006-4;

— order the defendant to pay the costs.

Community trade mark concerned: The word mark ‘BUDWEISER’
for goods and services in Class 32 (application No 24 646).

Proprietor of the mark or sign cited in the opposition proceedings:
Budějoviský Budvar, národní podnik.

Mark or sign cited in opposition: The international word mark
‘BUDWEISER’ for goods in Class 32, the international figurative
mark ‘Budweiser Budvar’ for goods in Classes 31 and 32 and
the international figurative mark ‘Budweiser Budvar’ for goods
in Class 32.

Decision of the Opposition Division: Opposition upheld and appli-
cation for registration rejected.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Infringement of the right to be heard,
incorrect
application of Article 74(2) of Regulation (EC) No 40/94 (1) and
infringement of Article 43(2) of that regulation; in the alterna-
tive, infringement of Article 73 of that regulation on account of
an inadequate statement of reasons.

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

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

Pleas in law and main arguments

Community trade mark concerned: word mark ‘222’ for goods in
Class 16

Decision of the Examiner: registration refused

Decision of the Board of Appeal: appeal dismissed

Pleas in law: incorrect application of Article 7(1)(b) and (c) of
Regulation No 40/94 on the Community trade mark (1), in that,
according to the applicant,
is neither
descriptive nor non-distinctive for the goods referred to.

the designation ‘222’

(1) Council Regulation (EC) No 40/94 of 20 December 1993, OJ L 11,

14.1.1994, p. 1.

Action brought on 6 June 2007 — Agencja Wydawnicza
Technopol v OHIM (‘333’)

Action brought on 6 June 2007 — Agencja Wydawnicza
Technopol v OHIM (222)

(Case T-200/07)

(2007/C 183/68)

Language of the case: Polish

Parties

(Case T-201/07)

(2007/C 183/69)

Language of the case: Polish

Parties

Applicant: Agencja Wydawnicza ‘Technopol’ Sp. z o. o. (repre-
sented by D. Rzążewska, lawyer)

Applicant: Agencja Wydawnicza ‘Technopol’ Sp. z o.o. (repre-
sented by: D. Rzążewska, lawyer)

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

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

Form of order sought

Form of order sought

— annul

in its entirety the decision of the Fourth Board of
the Office for Harmonisation in the Internal

Appeal of

— set aside in its entirety the decision delivered on 22 March
the Office for
(Trade Marks and

2007 by the Fourth Board of Appeal of
Harmonisation in the Internal Market
Designs) in Case No R 1277/2006-4;

— order the defendant to pay the costs of the proceedings.