Case T-189/05: Judgment of the Court of First Instance of 14 February 2008 — Usinor v OHIM — Corus UK (GALVALLOY) (Community trade mark — Opposition proceedings — Application 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)
Date: 2008-02-14
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), flat product, steel, 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)