Case T-28/05: Judgment of the Court of First Instance of 18 October 2007 — Ekabe International v OHIM — Ebro Puleva (OMEGA 3) (Community trade mark — Opposition proceedings — Application for the Community figurative trade mark OMEGA 3 — Earlier national word mark PULEVA-OMEGA 3 — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 40/94)
Date: 2007-12-08
Institutions: Court of First Instance
Subjects: European Union Intellectual Property Office, action for annulment (EU), animal product, margarine, trade-mark law

8.12.2007

EN

Official Journal of the European Union

C 297/39

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 314 of 18.12.2004.

Judgment of the Court of First Instance of 25 October
2007 — Lo Giudice v Commission

(Case T-27/05) (1)

(Officials — Career development report — 2003 assessment
procedure — Procedural irregularities — Article 43 of the
Staff Regulations — Right to be heard — Sick leave —
Medical certificate)

(2007/C 297/79)

Language of the case: French

Judgment of the Court of First Instance of 18 October
2007 — Ekabe International v OHIM — Ebro Puleva
(OMEGA 3)

(Case T-28/05) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for the Community figurative trade mark OMEGA 3
— Earlier national word mark PULEVA-OMEGA 3 — Likeli-
hood of confusion — Similarity of the signs — Article 8(1)(b)
of Regulation (EC) No 40/94)

(2007/C 297/80)

Language of the case: French

Parties

Applicant: Ekabe International SCA (Luxembourg, Luxembourg)
(represented by: C. de Haas, lawyer)

Defendant: Office for Harmonisation in the Internal Market
Folliard-
(Trade Marks
Monguiral, Agent)

(represented by: A.

and Designs)

Parties

Applicant: Carmela Lo Giudice (Grimbergen, Belgium)
sented by: F. Frabetti and G. Bounéou initially,
Frabetti, lawyers)

(repre-
then by F.

Other party to the proceedings before the Board of Appeal of OHIM
Instance: Ebro Puleva SA
intervening before the Court of First
(Madrid, Spain) (represented by: P. Casamitjana Lleonart, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: J. Currall and H. Kraemer, agents)

Re:

Re:

Application seeking the annulment of the assessment procedure
covering the period from 1 January to 31 December 2003 and,
in the alternative, the annulment of the decision of 4 May 2004
drawing up the definitive version of the career development
report on the applicant in respect of the relevant period.

Operative part of the judgment

The Court:

1. Annuls the Commission's decision of 4 May 2004 drawing up the
definitive version of the career development report on the applicant
in respect of the 2003 assessment procedure;

2. Orders the Commission to pay the costs.

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 6 October 2004 (Case R 117/2001-4),
relating to opposition proceedings between Puleva SA (now
Ebro Puleva SA) and Ekabe International SCA

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Ekabe International SCA to pay the costs.

(1) OJ C 82, 2.4.2005.

(1) OJ C 82, 2.4.2005.