Case T-425/03: Judgment of the Court of First Instance of 18 October 2007 — AMS v OHIM — American Medical Systems (AMS Advanced Medical Services) (Community trade mark — Opposition proceedings — Application for the Community trade mark AMS Advanced Medical Services — Earlier national word mark AMS — Absolute ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 — Request for proof of genuine use made for the first time before the Board of Appeal — Article 43(2) and (3) of Regulation No 40/94)
Date: 2007-12-08
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), pharmaceutical product, trade-mark law

C 297/38

EN

Official Journal of the European Union

8.12.2007

Operative part of the judgment

Re:

The Court:

1. Annuls Commission Decision C(2002) 5087 final of 17 December
2002 relating to a proceeding under Article 65 CS (Case
COMP/37.956 — Reinforcing bars) with regard to Ferriere Nord
SpA;

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 12 September 2003 (Case R 671/2002-4)
relating to the opposition proceedings between AMS Advanced
Medical Services GmbH and American Medical Systems, Inc.

2. Orders the Commission to bear its own costs and to pay those

incurred by Ferriere Nord;

The Court:

Operative part of the judgment

3. Orders the Italian Republic to bear its own costs.

1. Dismisses the action;

(1) OJ C 112, 10.5.2003.

2. Orders AMS Advanced Medical Services GmbH to pay the costs.

(1) OJ C 71, 20.3.2004.

Judgment of the Court of First Instance of 18 October
2007 — AMS v OHIM — American Medical Systems (AMS
Advanced Medical Services)

(Case T-425/03) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for the Community trade mark AMS Advanced Medical
Services — Earlier
national word mark AMS —
Absolute ground for refusal — Likelihood of confusion —
Article 8(1)(b) of Regulation (EC) No 40/94 — Request for
proof of genuine use made for the first time before the Board
of Appeal — Article 43(2) and (3) of Regulation No 40/94)

(2007/C 297/77)

Language of the case: German

Judgment of the Court of First Instance of 23 October
2007 — Borco-Marken-Import Mathiessen v OHIM (Caipi)

(Case T-405/04) (1)

(Community trade mark — Application for the Community
word mark Caipi — Absolute ground for refusal — Descrip-
tive character — Article 7(1)(b) and (c) of Regulation (EC)
No 40/94)

(2007/C 297/78)

Language of the case: German

Parties

Applicant: AMS Advanced Medical Services GmbH (Mannheim,
Germany)
(represented by: G. Lindhofer initially, and subse-
quently by G. Lindhofer and S. Schäffler, lawyers)

Parties

Applicant: Borco-Marken-Import Mathiessen GmbH & Co KG
(Hamburg, Germany) (represented by: M. Wolter, lawyer)

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

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: G. Schneider, acting
as Agent)

Re:

Other party to the proceedings before the Board of Appeal of OHIM
Instance: American Medical
intervening before the Court of First
Systems,
(repre-
sented by: H. Kunz-Hallstein and R. Kunz-Hallstein, lawyers)

(Minnetonka, Minnesota, United States)

Inc.

Action brought against the decision of the Second Board of
Appeal of OHIM of 6 August 2004 (Case R 912/2002-2)
concerning the application for registration as a Community
trade mark of the word sign Caipi.