Case T-35/08: Action brought on 24 January 2008 — Codorniu Napa v OHIM — Bodegas Ontañón (ARTESA NAPA VALLEY)
Date: 2008-01-24
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law, wine

12.4.2008

EN

Official Journal of the European Union

C 92/33

contract will most probably have been fully executed by the
time the Court reaches its decision or if it is no longer possible
to annul the decision, the applicant requests monetary compen-
sation (damages) in accordance with Articles 235 and 288 EC.

Decision of the Opposition Division: Upheld the opposition and
rejected the application for registration.

Decision of the Board of Appeal: Dismissal of the appeal.

(1) Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002
on the Financial Regulation applicable to the general budget of the
European Communities (OJ L 248, p. 1).

(2) Directive 2004/18/EC of

the
Council of 31 March 2004 on the coordination of procedures for
the award of public works contracts, public supply contracts and
public service contracts (OJ L 134, p. 114).

the European Parliament and of

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC)
No 40/94 (1) given that there is no likelihood of confusion
between the signs in conflict.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

Action brought on 24 January 2008 — Codorniu Napa v
OHIM — Bodegas Ontañón (ARTESA NAPA VALLEY)

Action brought on 23 January 2008 — Walton v
Commission

(Case T-35/08)

(2008/C 92/67)

Language in which the application was lodged: Spanish

Parties

(Case T-37/08)

(2008/C 92/68)

Language of the case: English

Applicant: Codorniu Napa,
America)
Aguilà, lawyers)

(California, United States of
(represented by: X. Fàbrega Sabaté and M. Curell

Inc.

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

Other party to the proceedings before the Board of Appeal of OHIM:
Bodegas Ontañón, S.A.

Form of order sought

— Annul the decision of the Fourth Board of Appeal of the
Office for Harmonisation in the Internal Market (OHIM) of
20 November 2007 in Case R 747/2006-4, and

— order OHIM to pay the costs.

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant.

Community trade mark applied for: Figurative mark ‘ARTESA
NAPA VALLEY’
(application
No 3.079.159)

in Class

goods

for

33

Proprietor of the mark or sign cited in the opposition proceedings:
Bodegas Ontañón, S.A.

Parties

Applicant: Robert Walton (Oxford, United Kingdom) (represented
by: D. Beard, Barrister)

Defendant: Commission of the European Communities

Form of order sought

— A declaration that the decision of the Commission to set-off
the sum of EUR 36 551,58 against
the sums due to
Mr Walton pursuant to the judgment of the Court in Case
T-144/02 was unlawful; or

— a declaration that the decision of the Commission to set off
the sums due to
the sum of EUR 36 551,58 against
Mr Walton pursuant to the judgment of the Court in Case
T-144/02 was unlawful in part; or

— a declaration that the sum of EUR 36 551,58 set off by the
Commission against the sums due to Mr Walton pursuant to
the judgment of the Court in Case T-144/02 should be
recalculated so as to remove the Commission's claim for
interest; and/or

— an order

(a)

that

the established amount

receivable of
the established
receivable of EUR 13 815,16 plus interest be

EUR 13 104,14 plus interest; and/or (b)
amount
cancelled; and

Mark or sign cited in the opposition proceedings: Community figura-
tive trade mark No 2.050.623 ‘ARTESO’ for goods in Classes 33
and 35, Spanish word mark No 844.194 ‘LA ARTESA’
for
goods in Class 33.

— an order that the Commission pay the appellant's costs; and

— such further or other measures as the Court may consider

just and equitable.