Case T-296/07: Action brought on 6 August 2007 — Korsch v OHIM (PharmaCheck)
Date: 2007-10-06
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), machine tool, pharmaceutical industry, trade-mark law

C 235/20

EN

Official Journal of the European Union

6.10.2007

Mark or sign cited in opposition: The national figurative mark ‘The
Masters’ for goods in Class 25 and the figurative mark ‘The
Masters
trade mark
COMPANY’
No 1 582 535) for goods in Classes 12, 25 and 28.

(Community

GOLF

Mark or sign cited in opposition: Word marks ‘Vitral’: Community
(No 651745); Danish (No 1956 1415 VR); German
(No 725452); and British (No 1436897), for goods, inter alia, in
Class 19, to which opposition was directed.

Decision of the Opposition Division: Opposition upheld and appli-
cation for registration in respect of goods in Classes 12, 25 and
28 rejected.

Decision of the Opposition Division: Opposition upheld and appli-
cation for goods in Class 19 refused.

Decision of the Board of Appeal: Termination of proceedings and
declaration that the appeal is inadmissible.

Pleas in law: The applicant claims that the finding that the
appeal is inadmissible is unlawful and seeks an award of costs
against The Masters Golf Company Ltd.

Decision of the Board of Appeal: Appeal refused.

Pleas in law: Incorrect application of Article 8(1)(b) of Regulation
(EC) No 40/94 (1) given that the conflicting signs are phoneti-
cally and graphically distinct.

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

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

Action brought on 3 August 2007 — Vitro Corporativo,
S.A. de C.V. v OHIM — VKR Holding (Vitro)

(Case T-295/07)

(2007/C 235/36)

Language in which the application was lodged: Spanish

Parties

Applicant: Vitro Corporativo, S.A. de C.V. (Nuevo Leon, Mexico)
(represented by: J. Botella Reyna, 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:
VKR Holding A/S

Form of order sought

— Permit

registration

of

the Community

trade mark

No 2669497 for goods in Class 19.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant.

Community trade mark concerned: Word mark ‘Vitro’ for goods
and services in the Classes 1, 7, 8, 9, 12, 16, 17, 19, 20, 21,
22, 27, 30, 35, 39, 40, 41, 42 and 43 (application
No 2669497).

Action brought on 6 August 2007 — Korsch v OHIM
(PharmaCheck)

(Case T-296/07)

(2007/C 235/37)

Language of the case: German

Parties

Applicant: Korsch AG (Berlin, Germany)
Grzam, lawyer)

(represented by J.

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

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 5 June 2007 (Case R 358/2007-4)
concerning the word mark No 5 310 214 ‘PharmaCheck’;

— order the defendant to pay the costs of the appeal proceed-

ings and the proceedings before the Board of Appeal.

Pleas in law and main arguments

Community trade mark concerned: Word mark ‘PharmaCheck’ for
goods in Class 9 (Application No 5 310 214).

Decision of the Examiner: Rejection of the registration.

Proprietor of the mark or sign cited in the opposition proceedings:
VKR Holding A/S

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

6.10.2007

EN

Official Journal of the European Union

C 235/21

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation
(EC) No 40/94 (1).

Action brought on 2 August 2007 — Italy v Commission

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

Community trade mark (OJ L 11, 14.1.1994, p. 1).

(Case T-298/07)

(2007/C 235/39)

Language of the case: Italian

Action brought on 1 August 2007 — TridonicAtco v
OHIM (Intelligent Voltage Guard)

(Case T-297/07)

(2007/C 235/38)

Language of the case: German

Parties

Applicant: TridonicAtco GmbH & Co KG (Dornbirn, Austria)
(represented by L. Wiltschek, lawyer)

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

Form of order sought

— Amend the decision of the Second Board of Appeal of the
(Trade
Office for Harmonisation in the Internal Market
Marks and Designs) of 31 May 2007 (Case R 108/2007-2)
to the effect that the international word and figurative mark
No 874 778 ‘Intelligent Voltage Guard’
is registered for
protection in the European Community;

— in the alternative, annul the contested decision and refer the

case back to OHIM;

— order OHIM to pay the costs of the appeal proceedings and

the proceedings before the Court of First Instance.

Pleas in law and main arguments

Community trade mark concerned: The figurative mark ‘Intelligent
Voltage Guard’ for goods in Classes 9 and 11 (international
registration No W 874 778)

Decision of the Examiner: Rejection of the registration

Decision of the Board of Appeal: Rejection of the appeal

Pleas in law: Infringement of Article 7(1)(b) of Regulation (EC)
No 40/94 (1), on the basis that
the trade mark ‘Intelligent
Voltage Guard’ has a distinctive character.

Parties

Applicant: Italian Republic (represented by: P. Gentili, Avvocato
dello Stato)

Defendant: Commission of the European Communities

Form of order sought

— annul Memorandum No 04980 of 22 May 2007 of the
European Commission, Directorate General
for Regional
Policy — Programmes and projects in Cyprus, Greece,
Hungary,
Italy, Malta and the Netherlands, concerning
payments made by the Commission which differ from the
amount requested; Ref. DOCUP Ob. 2 ‘Lazio’ 2000-2006
(No CCI 2000 IT 16 2DO 009);

— annul Memorandum No 05108 of 25 May 2007 of the
European Commission, Directorate General
for Regional
Policy — Programmes and projects in Cyprus, Greece,
Hungary,
Italy, Malta and the Netherlands, concerning
certification of the intermediate statement of expenses and
claim for payment; Ref. DOCUP Veneto Ob. 2 2000-2006
(No CCI 2000 IT 16 2DO 005);

— annul Memorandum No 05452 of 4 June 2007 of

the
European Commission, Directorate General
for Regional
Policy — Programmes and projects in Cyprus, Greece,
Hungary,
Italy, Malta and the Netherlands, concerning
payments made by the Commission which differ from the
amount
requested; Ref. DOCUP Piemonte 2000-2006
(No CCI 2000 IT 16 2DO 007);

— annul Memorandum No 05665 of 8 June 2007 of

the
European Commission, Directorate General
for Regional
Policy — Programmes and projects in Cyprus, Greece,
Hungary,
Italy, Malta and the Netherlands, concerning
payments made by the Commission which differ from the
amount requested; Ref. Regional operational programme
‘Campania’ 2000-2006 (No CCI 1999 IT 16 1PO 007);

— annul all connected and prior acts and, consequently, order
the Commission of the European Communities to pay the
costs.

Pleas in law and main arguments

The pleas in law and main arguments are the same as those
relied on in Case T-345/04 Italian Republic v Commission (1).

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

Community trade mark (OJ L 11, 14.1.1994, p. 1).

(1) OJ C 262, 23.10.2004, p. 55.