Case T-275/07: Action brought on 18 July 2007 — Ebro Puleva v OHIM — Berenguel (BRILLO'S)
Date: 2007-10-06
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, Spain, action for annulment (EU), foodstuff, trade-mark law

6.10.2007

EN

Official Journal of the European Union

C 235/13

Second, the applicant asserts that Article 5(1) of Regulation
No 141/2000 is contrary to primary law and should be declared
inapplicable pursuant to Article 241 EC in the event that it is to
be interpreted as meaning that the application for designation of
a medicinal product as an orphan medicinal product must be
submitted before the application for marketing authorisation for
that medicinal product. In that connection, it is submitted that
that interpretation infringes the fundamental Community law
principles of freedom to enjoy property rights and pursue a
trade or profession, the principle of equal treatment and the
principle of good faith.

(1) Regulation (EC) No 141/2000 of the European Parliament and of the
Council of 16 December 1999 on orphan medicinal products
(OJ 2000 L 18, p. 1).

Mark or sign cited in opposition: the various national word marks
‘TORRES’ for products in class 33 and other Community, inter-
national and national word and figurative marks which consist
of or include the term ‘TORRES’ and cover the same products
as the former.

Decision of the Opposition Division: opposition dismissed.

Decision of the Board of Appeal: appeal dismissed.

Pleas in law: incorrect application of Article 8(1)(b) of Regulation
(EC) No 40/94 on the Community trade mark.

Action brought on 16 July 2007 — Torres v OHIM —
Vinícola de Tomelloso (TORREGAZATE)

(Case T-273/07)

(2007/C 235/23)

Action brought on 18 July 2007 — Ebro Puleva v OHIM —
Berenguel (BRILLO'S)

(Case T-275/07)

(2007/C 235/24)

Language in which the application was lodged: Spanish

Language in which the application was lodged: Spanish

Parties

Parties

Applicant: Miguel Torres, SA (Barcelona, Spain) (represented by:
E. Armijo Chávarri, M. Baz de San Ceferino and A. Castán Pérez-
Gómez, lawyers)

Applicant: Ebro Puleva, SA (Madrid, Spain)
P. Casamitjana Lleonart, 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:
Luis Berenguel, S.L.

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

Form of order sought

Other party to the proceedings before the Board of Appeal of OHIM:
Vinícola de Tomelloso S.C.L.

— annul the decision of the Second Board of Appeal of the
OHIM of 21 May 2007 in case No R 493/2006-2
(concerning opposition proceedings No B 705 790).

Form of order sought

Pleas in law and main arguments

— annul the decision of the Second Board of Appeal of the
OHIM of 2 May 2007 in case No R 610/2006-2 and order
the OHIM to pay the costs.

Pleas in law and main arguments

Applicant
S.C.L.

for a Community trade mark: Vinícola de Tomelloso

Community trade mark concerned: the word mark ‘TORREGAZATE’
(application No 3.134.665) for products in class 33 (wines,
spirits and liqueurs).

Applicant for a Community trade mark: LUIS BERENGUEL, S.L.

Community trade mark concerned: the word mark ‘BRILLO'S’ for
goods in classes 29, 30 and 31 (application No 2.984.995).

Proprietor of the mark or sign cited in the opposition proceedings: the
applicant

Mark or sign cited in opposition: the Spanish figurative mark ‘bril-
(mark No 922.772) for products in class 30 and the
lante’
Spanish figurative mark ‘brillante’
for
goods in class 29.

(mark No 2.413.459)

Decision of the Opposition Division: opposition dismissed.

Proprietor of the mark or sign cited in the opposition proceedings: the
applicant.

Decision of the Board of Appeal: appeal dismissed.

C 235/14

EN

Official Journal of the European Union

6.10.2007

Pleas in law: incorrect application of Article 8(1)(b) of Regulation
(EC) No 40/94 on the Community trade mark (1), inasmuch as
it found that the signs in conflict are phonetically, conceptually
and visually different.

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

in law:

Pleas
Article 74(1), in fine, of Regulation (EC) No 40/94 (1).

Infringement of Article 8(1), Article 73 and

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

Community trade mark (OJ 1994 L 11, p. 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 20 July 2007 — Secure Computing v
OHIM — Investronica (SECUREOS)

Action brought on 18 July 2007 — Sepracor v OHIM —
Laboratorios Ern (LEVENIA)

(Case T-277/07)

(2007/C 235/25)

(Case T-280/07)

(2007/C 235/26)

Language in which the application was lodged: German

Language in which the application was lodged: English

Parties

Parties

Secure

Applicant:
United States)
Kunz-Hallstein, lawyers)

Computing

(Minnesota,
(represented by: H. P. Kunz-Hallstein and R.

Corporation

Applicant: Sepracor,
sented by: E. De Gryse, E. Cornu, D. Moreau, lawyers)

(Malborough, United States)

Inc.

(repre-

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

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

Other party to the proceedings before the Board of Appeal of OHIM:
Investronica, SA

to the proceedings before
Other party
Laboratorios Ern, SA (Barcelona, Spain)

the Board of Appeal:

Form of order sought

Form of order sought

— annul the decision of the First Board of Appeal of OHIM of

25 April 2007 in Case R 1063/2006-1;

— order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant.

Community trade mark concerned: The word mark ‘SECUREOS’ for
goods in Class 9 (Application No 2 659 944).

Proprietor of the mark or sign cited in the opposition proceedings:
Investronica, S.A.

Mark or sign cited in opposition: The word mark ‘SECUREURO’
(Community trade mark No 2 126 290) for goods and services
in Classes 7, 9, 16, 35, 36, 37 and 42 and the figurative mark
‘secureuro’ (Community trade mark No 2 418 135) for goods
and services in Classes 7, 9, 16, 35 and 36.

— Annul the decision of the First Board of Appeal of the
Office of Harmonisation in the Internal Market of 18 April
2007 in Case R 155/2006-1;

— order the Office to pay the costs.

Pleas in law and main arguments

Applicant for the Community trade mark: Sepracor, Inc.

Community trade mark concerned: The Community word mark
‘LEVENIA’ for goods in class 5 — application No 2 563 799

Proprietor of the mark or sign cited in the opposition proceedings:
Laboratorios Ern, SA

Mark or sign cited: The national word mark ‘LEVELINA’ for goods
in classes 1 and 5

Decision of the Opposition Division: Rejected the opposition in its
entirety

Decision of the Opposition Division: Grant of the opposition and
rejection of the application.

Decision of the Board of Appeal: Upheld the appeal