Case C-225/06: Order of the Court (Eighth Chamber) of 11 September 2007 — Athinaiki Oikogeniaki Artopoiia AVEE v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Ferrero Deutschland GmbH (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Similarity between two trade marks — Likelihood of confusion — Application for a Community figurative mark featuring the word element FERRÓ — Opposition by the proprietor of the national word mark FERRERO — Partial refusal of registration)
Date: 2007-12-22
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, General Court (EU), appeal, trade-mark law

C 315/24

EN

Official Journal of the European Union

22.12.2007

Order of the Court of 11 October 2007 — Hans Peter
Wilfer v Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

(Case C-301/05 P) (1)

(Appeal — Community
sign
‘ROCKBASS’ — Refusal to register — No need to adjudicate)

trade mark — Word

(2007/C 315/41)

Language of the case: German

Parties

Applicant: Hans Peter Wilfer (represented by: A. Kocklauner,
Rechtsanwalt)

Other party to the proceedings: Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (represented by: D.
Schennen, O. Montalto and G. Schneider, Agents)

Re:

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: J. Novais Gonçalves,
acting as Agent) Ferrero Deutschland GmbH, successor in title
Schaeffer,
to
Rechtsanwalt)

Ferrero OHG mbH (represented

by: M.

Re:

Appeal brought against the judgment of
the Court of First
Instance (Third Chamber) of 15 March 2006 in Case T-35/04
Athinaiki Oikogeniaki Artopoiia AVEE v Office for Harmonisation in
the Internal Market (Trade Marks and Designs) (OHIM) in which
the Court dismissed an action for annulment brought by the
applicant for the figurative mark ‘FERRÓ’ for goods in Classes
29, 30 and 42 against Decision R 460/2002-1 of the First
Board of Appeal of the Office for Harmonisation in the Internal
Market (OHIM) of 1 December 2003, dismissing the appeal
against the Opposition Division's decision refusing in part to
register that mark in the opposition proceedings filed by the
for goods in
holder of
Classes 5, 29, 30, 32 and 33.

the national word mark ‘FERRERO’

Appeal against the judgment of
the Court of First Instance
(Fourth Chamber) of 8 June 2005 in Case T-315/03 Wilfer v
OHIM by which the Court dismissed the action for annulment
of the decision refusing to register the mark ‘ROCKBASS’ —
Descriptive character of the trade mark

Operative part of the order

1. The appeal is dismissed.

Operative part of the order

2. Athinaiki Oikogeniaki Artopoiia AVEE is ordered to pay the costs.

1. There is no need to adjudicate on the appeal brought by Mr Wilfer.

2. Mr Wilfer is ordered to pay the costs.

(1) OJ C 212, 2.9.2006.

(1) OJ C 281 of 12.11.2005.

Order of the Court (Eighth Chamber) of 11 September
2007 — Athinaiki Oikogeniaki Artopoiia AVEE v Office
for Harmonisation in the Internal Market (Trade Marks and
Designs), Ferrero Deutschland GmbH

(Case C-225/06) (1)

(Appeal — Community trade mark — Regulation (EC)
No 40/94 — Article 8(1)(b) — Similarity between two trade
marks — Likelihood of confusion — Application for a Com-
munity figurative mark featuring the word element ‘FERRÓ’
— Opposition by the proprietor of the national word mark
FERRERO — Partial refusal of registration)

(2007/C 315/42)

Language of the case: English

Order of the Court of 4 October 2007 — É.R. and Others
v Council of the European Union, Commission of the
European Communities

(Case C-100/07 P) (1)

(Appeal — Non-contractual
liability of the Community —
Bovine spongiform encephalopathy — Lack of adequate
measures taken by the Council and the European Commission
to prevent the spread of the disease — Appeal manifestly
unfounded)

(2007/C 315/43)

Language of the case: French

Parties

Applicant: Athinaiki Oikogeniaki Artopoiia AVEE (represented
by: A. Tsavdaridis, dikigoros)

Applicant: É.R., O.O., J.R., A.R., B.P.R., T.D., J.D., D.D., V.D.; D.E.,
É.E., C.R.; H.R., M.S.R., I.R., B.R., M.R. and C.S. (represented by:
F. Honnorat, lawyer)

Parties