Case T-146/06: Judgment of the Court of First Instance of 13 February 2008 — Sanofi-Aventis v OHIM (Community trade mark — Opposition proceedings — Application for Community word mark ATURION — Earlier national mark URION — Relative ground for refusal — Lack of likelihood of confusion — Lack of similarity between the signs — Article 8(1)(b) of Regulation (EC) No 40/94)
Date: 2008-02-13
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), cardiovascular disease, pharmaceutical product, trade-mark law

29.3.2008

EN

Official Journal of the European Union

C 79/27

Judgment of the Court of First Instance of 14 February
2008 — Usinor v OHIM — Corus UK (GALVALLOY)

Judgment of the Court of First Instance of 14 February
2008 — Provincia di Imperia v Commission

(Case T-189/05) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for Community word mark GALVALLOY — Earlier
national word mark GALVALLIA — Relative ground for
refusal — Likelihood of confusion — Article 8(1)(b) of
Regulation (EC) No 40/94)

(Case T-351/05) (1)

(European Social Fund — Community financial aid in the
area of innovative measures under Article 6 of Regulation
(EC) No 1784/1999 — Call for proposals — Rejection of the
proposal)

(2008/C 79/53)

Language of the case: Italian

(2008/C 79/52)

Language of the case: English

Parties

Parties

Applicant: Usinor SA (Puteaux, France)
Candé and J. Blanchard, lawyers)

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

(represented by: A.

and Designs)

Applicant: Provincia di
Rostagno and K. Platteau, lawyers)

Imperia (Italy)

(represented by: S.

Defendant: Commission of the European Communities (repre-
sented by: D. Martin and A. Weimar, acting as Agents)

(represented by: P. de

Re:

Annulment of the Commission's decision of 30 June 2005 not
to accept the proposal presented by the applicant in response to
call for proposals VP/2003/21 ‘Innovative Approaches to the
Management of Change’, published in the context of innovative
measures under Article 6 of the Regulation on the European
Social Fund and all measures connected with that decision

Other party to the proceedings before the Board of Appeal of OHIM
intervening before
Instance: Corus UK Ltd
(London, United Kingdom)
(represented by: S. Malynicz,
Barrister)

the Court of First

Operative part of the judgment

The Court:

1. Dismisses the action;

Re:

2. Orders the Provincia di Imperia to bear its own costs and to pay

the costs of the Commission.

Action brought against the decision of the First Board of Appeal
of OHIM of 10 February 2005 (Case R 411/2004-1) in respect
of opposition proceedings between Usinor SA and Corus
UK Ltd.

(1) OJ C 296, 26.11.2005.

Operative part of the judgment

The Court:

1. Annuls the decision of the First Board of Appeal of the Office for
Harmonisation in the Internal Market (Trade Marks and Designs)
(OHIM) of 10 February 2005 (Case R 411/2004-1);

2. Orders OHIM to bear its own costs and to pay those incurred by

Usinor SA;

3. Orders Corus UK Ltd to bear its own costs.

Judgment of the Court of First Instance of 13 February
2008 — Sanofi-Aventis v OHIM

(Case T-146/06) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for Community word mark ATURION — Earlier
national mark URION — Relative ground for refusal — Lack
of likelihood of confusion — Lack of similarity between the
signs — Article 8(1)(b) of Regulation (EC) No 40/94)

(2008/C 79/54)

Language of the case: Spanish

(1) OJ C 182, 23.7.2005.

Parties

Applicant: Sanofi-Aventis SA (Paris, France) (represented by: E.
Armijo Chávarri and A. Castán Pérez-Gómez, lawyers)

C 79/28

EN

Official Journal of the European Union

29.3.2008

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

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: GD Searle LLC (New
York, New York, United States of America)

Re:

Action brought against the decision of the First Board of Appeal
of OHIM of 3 February 2006 (Case R 227/2005-1) concerning
opposition proceedings between Sanofi-Aventis SA and GD
Searle LLC.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Sanofi-Aventis SA to pay the costs.

(1) OJ C 190, 12.8.2006.

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The Community word mark
‘ENERCON’ for goods in Classes 16, 18, 24, 25, 28 and 32 —
Application No 3 326 031

Proprietor of the mark or sign cited in the opposition proceedings:
Hasbro Inc.

Mark or sign cited: The Community word mark ‘TRANSFOR-
MERS ENERGON’ for goods in classes 16, 18, 24, 25, 28, 30
and 32 — Application No 3 152 121 as well as the earlier
non-registered marks
and
‘ENERGON’

‘TRANSFORMERS

ENERGON’

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

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of the Community
Trade Mark Regulation (EC) No 40/94.

Action brought on 21 December 2007 — Enercon v OHIM
— Hasbro (ENERCON)

Action brought on 21 December 2007 — Commission v
CAE Consulting

(Case T-472/07)

(2008/C 79/55)

(Case T-474/07)

(2008/C 79/56)

Language in which the application was lodged: English

Language of the case: French

Parties

Parties

Applicant: Enercon GmbH (Aurich, Germany) (represented by: R.
Böhm, lawyer)

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

Other party to the proceedings before the Board of Appeal: Hasbro
Inc. (Pawtucket, United States)

Form of order sought

— That the decision of the Fourth Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) of 25 October 2007 in Case R 959/2006-4 be
annulled insofar as it dismissed the appeal of Enercon
GmbH against the decision of the opposition division of
26 May 2006 ruling on opposition No B 763 666;

— that the Office for Harmonisation in the Internal Market
(Trade Marks and Designs) is to be ordered to bear its own
costs and to pay those of the applicant.

Applicant: Commission of the European Communities (repre-
sented by: A.-M. Rouchaud-Joët, S. Lejeune, acting as Agents,
and O. Prost, avocat)

Defendant: CAE Consulting GmbH (Sexau, Germany)

Form of order sought

— declare the Commission's application to be admissible and

well founded and, in accordance with it,

— order the defendant to pay to the Commission the sum of
EUR 25 574 in capital,
sum of
EUR 10 189,31 by way of default interest until 31 December
2007, and, from 1 January 2008 onwards until all sums
have been paid, to pay EUR 3,67 for each day of delay, with
this interest to be capitalised from 31 May 2001 onwards;

together with the

— order the defendant to pay all costs.