Case T-316/07: Action brought on 20 August 2007 — Commercy v OHIM — easyGroup IP Licensing (easyHotel)
Date: 2007-10-06
Institutions: Court of First Instance
Subjects: European Union Intellectual Property Office, action for annulment (EU), hotel industry, trade-mark law

C 235/26

EN

Official Journal of the European Union

6.10.2007

Further, the applicant submits that the contested decision is
unlawful because of a breach of the duty to provide reasons for
the acts of an authority for the purposes of Article 256 EC.

In addition, the applicant's rights of defence have been infringed
inasmuch as its application to inspect the file was rejected, thus
making it impossible for the applicant to determine the criterion
used to justify the demand for repayment.

The applicant complains also that the support contract was not
validly terminated, and that the conditions for its termination
also did not exist. In that regard, it claims, inter alia, that the
termination of the contract and the demand for repayment of
the financial support advanced constitute an infringement of the
principle of protection of legitimate expectations.

(1) Council Decision 95/563/EC of 10 July 1995 on the implementation
of a programme encouraging the development and distribution of
European audiovisual works (Media II — Development and distribu-
tion) (1996-2000) (OJ 1995 L 321, p. 25).

consequently,
between the opposing signs;

in that

respect a likelihood of confusion

— alternatively, annul or amend the contested decision in so
far as it finds that there is a lack of recognition in Spain of
the name AKIRA in relation to a Japanese comic and, conse-
quently, in that respect a likelihood of confusion between
the opposing signs;

— order the Office for Harmonisation in the Internal Market to

pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant.

Community trade mark concerned: Word mark ‘ALIRA’ for goods in
Class 11 (Application No 2 766 640).

Proprietor of the mark or sign cited in the opposition proceedings:
Compañía Roca Radiadores, S.A.

Mark or sign cited in opposition: Spanish word mark ‘AKIRA’ for
goods in Class 11 (No 2 045 604).

Decision of the Opposition Division: Opposition allowed; registra-
tion refused.

Action brought on 22 August 2007 — Grohe v OHIM —
Compañía Roca Radiadores (ALIRA)

Decision of the Board of Appeal: Appeal dismissed.

(Case T-315/07)

(2007/C 235/48)

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC)
No 40/94 (1), as there is no likelihood of confusion between the
opposing marks.

Language in which the application was lodged: German

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

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

Parties

Applicant: Grohe AG (Hemer, Germany)
A. Lensing-Kramer, lawyer)

(represented by:

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

Other party to the proceedings before the Board of Appeal of OHIM:
Compañía Roca Radiadores, S.A.

Action brought on 20 August 2007 — Commercy v OHIM
— easyGroup IP Licensing (easyHotel)

(Case T-316/07)

(2007/C 235/49)

Language in which the application was lodged: German

Form of order sought

— Annul the decision of the Fourth Board of Appeal of 19 June

2007 in Case R 850/2006-4;

Parties

— alternatively, annul or amend the contested decision in so
far as it finds that there is a similarity of goods between
‘kitchen faucets’ and ‘cast-iron bathtubs’ and, consequently, a
likelihood of confusion between the opposing signs;

— alternatively, annul or amend the contested decision in so
far as it finds that there is a phonetic similarity in Spain
between the mark applied for and the opposing mark and,

Applicant: Commercy AG (Weimar, Germany) (represented by: F.
Jaschke, 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:
easyGroup IP Licensing Limited

6.10.2007

EN

Official Journal of the European Union

C 235/27

Form of order sought

— Declaration that Community trade mark No 1 866 706

‘easyHotel’ is invalid

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of
invalidity has been sought: The word mark ‘easyHotel’ for goods
and services in Classes 16, 25, 32, 33, 35, 36, 39, 41 and 42
(Community trade mark No 1 866 706)

Proprietor of the Community trade mark: easyGroup IP Licensing
Limited

Trade mark right of the applicant for the declaration of invalidity: The
German word mark ‘EASYHOTEL’ for goods and services in
Classes 9, 38 and 42 (No 30 043 724)

Decision of the Cancellation Division: Rejection of the application
for a declaration of invalidity

Decision of the Board of Appeal: Dismissal of the appeal in Case
R 1295/2006-2

Pleas in law: Infringement of Article 8(1)(a) of Regulation (EC)
No 40/94 (1), as that provision was interpreted too strictly. On
the basis of the identity of the signs there is a likelihood of
confusion even though the goods and services are more remo-
tely similar.

Applicant for the declaration of
Sozietät Kübler

invalidity: Bettina Breitenbücher,

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

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