Case T-22/08: Action brought on 14 January 2008 — Quest Diagnostics v OHIM — ALK-Abelló (DIAQUEST)
Date: 2008-01-14
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), pharmaceutical product, trade-mark law

12.4.2008

EN

Official Journal of the European Union

C 92/29

Operative part of the order

Order of the President of the Court of First Instance of
13 February 2008 — Buczek Automotive v Commission

1. The application for interim measures is dismissed.

(Case T-1/08 R)

2. Costs are reserved.

(Interim measures — Application for suspension of operation
— Article 105(2) of the Rules of Procedure)

Order of the President of the Court of First Instance of
19 February 2008 — CPEM v Commission

(Case T-444/07 R)

(Interim measures — Application for stay of execution —
Submission of the application — Inadmissibility — Associa-
tion — Financial loss — Lack of urgency)

(2008/C 92/59)

Language of the case: French

Parties

Applicant: Centre de promotion de l'emploi par la micro-entre-
prise (CPEM) (Marseilles, France) (represented by: C. Bonnefoi,
lawyer)

Defendant: Commission of the European Communities (repre-
sented by: L. Flynn and A. Steiblytė, acting as Agents)

(2008/C 92/60)

Language of the case: Polish

Parties

Applicant: Buczek Automotive sp, z o.o.
(represented by: T. Gackowski, lawyer)

(Sosnowiec, Poland)

Defendant: Commission of the European Communities

Re:

Application for suspension of
the operation of Commission
Decision C(2007) 5087 final of 23 October 2007 concerning
State aid No C 23/2006 (ex NN 35/2006) granted by Poland to
the steel producer Grupa Technologie Buczek

Operative part of the order

The Court:

interim measures,

1. Suspends, until the adoption of the order concluding the present
application for
the operation of Commission
Decision C(2007) 5087 final of 23 October 2007 concerning
State aid No C 23/2006 (ex NN 35/2006) granted by Poland to
the steel producer Grupa Technologie Buczek, insofar as that deci-
sion concerns Buczek Automotive sp, z o.o.

2. Reserves the costs.

Re:

Application for stay of execution of debit note No 3240912189
of 17 December 2007 relating to Commission Decision
C(2007) 4645 of 4 December 2007 cancelling the assistance
from the European Social Fund (ESF) granted to CPEM by Deci-
sion C(1999) 2645 of 17 August 1999.

Action brought on 14 January 2008 — Quest Diagnostics v
OHIM — ALK-Abelló (DIAQUEST)

(Case T-22/08)

(2008/C 92/61)

Language in which the application was lodged: English

Operative part of the order

Parties

1. The application for interim measures is dismissed.

2. Costs are reserved.

Applicant: Quest Diagnostics Inc.
(represented by: R. Niebel, lawyer)

(Teterboro, United States)

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

Other party
ALK-Abelló A/S (Hørsholm, Denmark)

to the proceedings before

the Board of Appeal:

C 92/30

EN

Official Journal of the European Union

12.4.2008

Form of order sought

Form of order sought

— Annul the decision of the Second Board of Appeal of OHIM

dated 25 October 2007;

— annul the decision of the Opposition Division of OHIM

dated 11 October 2006; and

— order the intervener to bear the costs of the action.

— Annul the decision of the First Board of Appeal OHIM dated
20 November 2007 (Case R 10/2007-1) and declare the
request
invalidation brought by the appellant well
founded;

for

— annul all cost orders made against the appellant by the
Office for Harmonisation in the Internal Market and order
the latter to bear the costs of the appellant.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for the Community trade mark: ALK-Abelló A/S

Community trade mark concerned: The Community word mark
‘DIAQUEST’ for goods in classes 1, 5 and 42

Registered Community trade mark subject of
the application for a
declaration of invalidity: The word mark ‘FAMOXIN’ for goods and
services in class 5 — Community trade mark No 2 491 298

Proprietor of the Community trade mark: Serono Genetics Institute
SA

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

Party requesting the declaration of invalidity of the Community trade
mark: The applicant

Mark or sign cited: The Community word marks ‘QUEST DIAG-
NOSTICS’ for goods and services in classes 5, 10, 16, 35, 39
and 42 — application No 2 402 980 and No 1 958 589

Decision of the Opposition Division: Rejected the opposition in its
entirety

Decision of the Board of Appeal: Dismissed the appeal

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

Trade mark right of the party requesting the declaration of invalidity:
The national word mark ‘LANOXIN’ for goods in class 5

Decision of the Cancellation Division: Rejection of the request for a
declaration of invalidity

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Articles 8(1)(b), 52 and 56(2) and
(3) of Council Regulation No 40/94, as the Board of Appeal
found the earlier trade mark to be used for ‘pharmaceutical
preparations with digoxin for cardiovascular illnesses’ and not
‘pharmaceutical preparations with digoxin’ and as it assessed the
relevant public, the level of attentiveness of the different parts of
the relevant public and the similarity of the conflicting trade
marks and goods incorrectly.

Action brought on 21 January 2008 — Laboratórios
Wellcome de Portugal v OHIM — Serono Genetics
Institute (FAMOXIN)

(Case T-26/08)

(2008/C 92/62)

Language in which the application was lodged: English

Action brought on 21 January 2008 — Wellcome
Institute
Foundation v OHIM — Serono Genetics

(FAMOXIN)

(Case T-27/08)

(2008/C 92/63)

Language in which the application was lodged: English

Parties

Applicant: Laboratórios Wellcome de Portugal Lda (Algés,
Portugal) (represented by: R. Gilbey, lawyer)

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

Parties

Applicant: The Wellcome Foundation Ltd (Greenford, United
Kingdom) (represented by: R. Gilbey, lawyer)

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

Other party to the proceedings before the Board of Appeal: Serono
Genetics Institute SA (Evry, France)

Other party to the proceedings before the Board of Appeal: Serono
Genetics Institute SA (Evry, France)