Case T-409/05: Order of the Court of First Instance of 13 March 2008 — ASTER v Commission
Date: 2008-03-13
Institutions: Court of First Instance
Subjects: European Commission, access to information, action for annulment (EU), document, provision of documents

9.5.2008

EN

Official Journal of the European Union

C 116/29

Form of order sought

Form of order sought

— Annul

the decision of

the Fourth Board of Appeal of
22 January 2008, received on 24 January 2008, and declare
that the opposition of 29 August 2006 is admissible;

— order the defendant to pay the allowable costs, including the
costs of the original proceedings (including the costs of the
intervener).

Pleas in law and main arguments

Applicant for a Community trade mark: Ondex S.A.S.

Community trade mark concerned: The trade mark ‘ONDACELL’ for
goods and services in Classes 6, 17 and 19 (application
No 4 755 971).

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

Decision of the Opposition Division: The notice of opposition is
deemed not to have been entered.

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

Pleas in law: Infringement of Articles 5 and 8 of Regulation (EC)
No 2869/95 (1), Decision No EX-96-1 (2) and Communication
No 5/96 (3).

(1) Commission Regulation (EC) No 2869/95 of 13 December 1995 on
the fees payable to the Office for Harmonization in the Internal
Market (Trade Marks and Designs) (OJ 1995 L 303, p. 33).

(2) Decision No EX-96-1 of the President of the Office of 11 January
1996 concerning the conditions for opening current accounts at the
Office (OHIM OJ 1996, 48).

(3) Communication No 5/96 of the President of the Office, of 8 August

1996, concerning current accounts (OHIM OJ 1996, 1461).

— Annul the decision of the Fourth Board of Appeal of the
(Trade
Office for Harmonisation in the Internal Market
Marks and Designs) (OHIM) of 30 January 2008 in Case
R-1609/2006-4;

— As a consequence of

that annulment, grant

trade mark
application 3109006, not only for the services in Class 39
the opposition
(already granted upon the dismissal of
B690695 as regards those services, which has now become
res judicata), but also for the remaining goods and services
covered by the application in Classes 19, 21 and 40, and

— Order OHIM, and the other parties before the Court, to pay
the costs of
should they be
the present proceedings
contested, and reject the claims of OHIM and the other
parties before the Court.

Pleas in law and main arguments

Applicant for a Community trade mark: Gres La Sagra, SL.

Community trade mark concerned: Figurative mark ‘VENATTO
(Application No 3 109 066) for goods and
(marble stone)’
services in Classes 19, 21, 39 and 40.

Proprietor of the mark or sign cited in the opposition proceedings:
CERAMICALCORA, SA.

Mark or sign cited in opposition: Spanish trade mark for the sign
‘VENETO (céramicas)’ (No 2 115 543; 2 056 688; 2 056 689
and 2 056 699) for goods and services in Classes 27, 19, 21
and 39 respectively.

Decision of the Opposition Division: Opposition upheld in part.
The Opposition Division held that there was a likelihood of
confusion in the relevant territory for the goods and services at
issue in Classes 19, 21 and 40, but that there was no such likeli-
hood of confusion in relation to those services at issue in
Class 39.

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

Pleas in law: Incorrect application of Article 8(1)(b) of Regulation
(EC) No 40/94 on the Community trade mark.

Action brought on 31 March 2008 — Gres La Sagra v
OHIM — Ceramicalcora (VENATTO MARBLE STONE)

(Case T-130/08)

(2008/C 116/53)

Language in which the application was lodged: Spanish

Order of the Court of First Instance of 13 March 2008 —
ASTER v Commission

Parties

Applicant: Gres La Sagra, SL (Alameda de la Sagra, Spain) (repre-
sented by: T. Villate Consonni, lawyer, and J. Calderón Chavero,
lawyer)

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

(Case T-409/05) (1)

(2008/C 116/54)

Language of the case: Italian

The President of the Court of First Instance (Fifth Chamber) has
ordered that the case be removed from the register.

Other party to the proceedings before the Board of Appeal of OHIM:
Ceramicalcora, SA (Alcora, Spain)

(1) OJ C 22, 28.1.2006.