Case T-294/07: Action brought on 27 July 2007 — Stepek v OHIM — Masters Golf Company (GOLF-FASHION MASTERS THE CHOICE TO WIN)
Date: 2007-10-06
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), sports equipment, trade-mark law

6.10.2007

EN

Official Journal of the European Union

C 235/19

Pleas in law: Infringement of Article 8(1)(b) CTMR

The applicant claims that the contested decision is inconsistent
with Article 8(1)(b) CTMR insofar as the Board held there was
no likelihood of confusion between the conflicting marks, due
to a lack of similarity of the signs concerned.

Decision of
appealed annulled.

the Board of Appeal: Appeal upheld and decision

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

(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 1 August 2007 — Viñedos y Bodegas
Príncipe Alfonso de Hohenlohe v OHIM — Byass
(ALFONSO)

(Case T-291/07)

(2007/C 235/34)

Language in which the application was lodged: Spanish

Action brought on 27 July 2007 — Stepek v OHIM —
Masters Golf Company (GOLF-FASHION MASTERS THE
CHOICE TO WIN)

(Case T-294/07)

(2007/C 235/35)

Parties

Language in which the application was lodged: German

Applicant: Viñedos y Bodegas Príncipe Alfonso de Hohenlohe
(Cenicero, Spain) (represented by: M Lobato García-Miján and B.
Díaz de Escauriaza, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM:
González Byass, S. A.

Form of order sought

— Annul the decision of the Second Board of Appeal of the
Office of 29 May 2007 upholding the appeal brought by
GONZÁLEZ BYASS, S.A. against the decision of the Opposi-
tion Division of 6 July 2007 which upheld the opposition
filed by the applicant against the application for the Com-
munity trade mark ALFONSO;

— Order the Office to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: GONZÁLEZ BYASS, S.A.

Community trade mark concerned: Word mark ‘ALFONSO’ (appli-
cation for registration No 3398278) for goods in Classes 30
(vinegars), 32 (beers, mineral and aerated waters and other non-
alcoholic drinks, fruit drinks and fruit juices, syrups and other
preparations for making beverages) and 33 (sherries).

Parties

Applicant: Wilhelm Stepek (Stadl-Paura, Austria) (represented by:
H. Heigl, W. Berger and G. Lehner, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM:
The Masters Golf Company Ltd.

Form of order sought

that

— acknowledgement

the First Board of Appeal of

the
Office for Harmonisation in the Internal Market was
wrong to adopt
the decision of 23 May 2007 in Case
R 95/2007-1;

— annulment of the decision of the First Board of Appeal of
the Office for Harmonisation in the Internal Market of
23 May 2007 in Case R 95/2007-1;

— an order that The Masters Golf Company Ltd pays the appli-

cant the costs of the proceedings.

Pleas in law and main arguments

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

Applicant for a Community trade mark: Wilhelm Stepek.

Mark or sign cited in opposition: Community and national word
marks ‘PRÍNCIPE ALFONSO’, for goods in Class 33.

Decision of
the Opposition Division: Opposition in relation to
‘sherries’ upheld and application for registration for those goods
refused.

Community trade mark concerned: The figurative mark ‘GOLF-
FASHION MASTERS THE CHOICE TO WIN’
for goods in
Classes 3, 9, 12, 18, 24, 25 and 28 (application No 3 136 041).

Proprietor of the mark or sign cited in the opposition proceedings: The
Masters Golf Company Ltd.

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.