Case T-363/04: Judgment of the Court of First Instance of 12 September 2007 — Koipe v OHIM — Aceites del Sur (La Espoñola) (Community trade mark — Application for Community figurative mark La Española — Opposition by the proprietor of the national and Community figurative marks Carbonell — Rejection of the opposition — Dominant elements — Similarity — Likelihood of confusion — Power to alter decisions)
Date: 2007-10-20
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), olive oil, trade-mark law, vegetable fats, vegetable oil

C 247/28

EN

Official Journal of the European Union

20.10.2007

Judgment of the Court of First Instance of 12 September
2007 — Koipe v OHIM — Aceites del Sur (La Espoñola)

Judgment of the Court of First Instance of 12 September
2007 — Commission v Trends

(Case T-363/04) (1)

(Case T-448/04) (1)

(Community trade mark — Application for Community
figurative mark ‘La Española’ — Opposition by the proprietor
of the national and Community figurative marks ‘Carbonell’
— Rejection of the opposition — Dominant elements — Simi-
larity — Likelihood of confusion — Power to alter decisions)

(2007/C 247/43)

Language of the case: Spanish

(Arbitration clause — Fourth Framework Programme for
technological development and demonstration —
research,
Contracts involving projects in the field of telematics applica-
tions of common interest — Lack of supporting documents
and non-compliance with the contractual requirements for
part of the declared expenses — Reimbursement of the sums
paid)

(2007/C 247/44)

Language of the case: Greek

Parties

Applicant: Koipe Corporación SL (San Sebastián, Spain) (repre-
sented by: M. Fernández de Béthencourt, lawyer)

Parties

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: J. García Murillo,
Agent)

Applicant: Commission of the European Communities (repre-
sented by: M. Patakia, Agent, and M. Bra, K. Kapoutzidou,
S. Chatzigiannis,
and then by K. Kapoutzidou and S.
Chatzigiannis, lawyers)

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: Aceites del Sur SA
(Seville, Spain) (represented by: C.L. Fernández-Palacios and R.
Jiménez Díaz, lawyers)

Defendant:
(Trends)
V. Vlassi, lawyers)

Transport
(Athens, Greece)

Environment Development

Systems
(represented by: V. Christianos and

Re:

Re:

Action against the decision of the Fourth Board of Appeal of
OHIM of 11 May 2004 (R 1109/2000-4) relating to opposition
proceedings between Koipe Corporación SL and Aceites del Sur
SA

Application by the Commission under an arbitration clause
within the meaning of Article 238 EC seeking an order that
Trends reimburse the Commission in the sum of EUR 48 046
plus contractual
in the alternative, plus default
interest.

interest or,

Operative part of the judgment

The Court:

Operative part of the judgment

1. The interlocutory application is dismissed;

1. Alters the decision of the Fourth Board of Appeal of the Office for
Harmonisation in the Internal Market (Trade Marks and Designs)
(OHIM) of 11 May 2004 (Case R 1109/2000-4) so as to hold
that
the appeal brought by the applicant before the Board of
Appeal is well founded and, consequently, that the opposition is to
be upheld.

2. Transport Environment Development Systems (Trends) is ordered to
pay to the Commission the sum of Eur 48 046 plus default
interest at the rate of 5,5 % per annum from 1 January 1999
until payment in full of the sum owed;

2. Orders OHIM and the intervener to pay the costs.

3. Trends is ordered to pay the costs.

(1) OJ C 284, 20.11.2004.

(1) OJ C 184, 2.8.2003 (formerly Case C-248/03).