Case T-222/08: Action brought on 9 June 2008 — Sanatur v OHIM — Sektkellerei Schloss Wachenheim (life light)
Date: 2008-06-09
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), alcoholic beverage, trade-mark law

C 223/46

EN

Official Journal of the European Union

30.8.2008

— order

the European Commission to pay the applicant
compensation for the immaterial and moral damage suffered
by the applicant as a result of the processing of his applica-
least symbolic
tion, of an appropriate amount, but at
damages in the amount of 1 Euro;

— order the European Commission to pay the costs of the

procedure

Form of order sought

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

6 March 2008 in Case R 1257/2006-1;

— Alter that decision so that the appeal is dismissed;

— Order the intervener to pay the costs of the proceedings,

including the costs of the appeal.

Pleas in law and main arguments

Pleas in law and main arguments

On 18 and 19 January 2008, the applicant applied to the
Commission for access to numerous documents. The applicant
brings the present application because he was not granted
access to those documents, at least partly, within the period
provided for.

In support of his application, the applicant submits, in particu-
lar, that the defendant infringed Article 255 EC as well as
Regulation No 1049/2001 (1). In addition, the applicant claims
that there has been an infringement of the principles of good
administration, Articles 41 and 42 of the Charter of Funda-
mental Rights and the principles governing the obligation to
state reasons for refusal decisions laid down in Article 253 EC.

(1) Regulation (EC) No 1049/2001 of the European Parliament and of
the Council of 30 May 2001 regarding public access to European
Parliament, Council and Commission documents (OJ 2001 L 145,
p. 43)

Action brought on 9 June 2008 — Sanatur v OHIM —
Sektkellerei Schloss Wachenheim (life light)

(Case T-222/08)

(2008/C 223/80)

Language in which the application was lodged: German

Applicant for a Community trade mark: Sanatur GmbH.

Community trade mark concerned: Word mark ‘life light’ for goods
in Class 32 (Application No 3 192 481).

Proprietor of the mark or sign cited in the opposition proceedings:
Sektkellerei Schloss Wachenheim AG.

Mark or sign cited in opposition: German figurative mark ‘LIGHT
live’ for goods in Class 32 (Mark No 302 00 216).

Decision of the Opposition Division: Dismissal of the opposition.

Decision of the Board of Appeal: Annul the decision of the Oppo-
sition Division.

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC)
No 40/94 (1) in that no likelihood of confusion exists between
the conflicting marks.

(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 12 June 2008 — Iranian Tobacco v
OHIM — AD Bulgartabac (Bahman)

(Case T-223/08)

(2008/C 223/81)

Language in which the application was lodged: German

Parties

Applicant: Sanatur GmbH (Singen, Germany)
M. Wiume, lawyer)

(represented by:

Parties

Applicant: Iranian Tobacco Company (Teheran, Iran) (represented
by: M. Beckensträter, lawyer)

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

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

Other party to the proceedings before the Board of Appeal of OHIM:
Sektkellerei Schloss Wachenheim AG (Trier, Germany)

Other party to the proceedings before the Board of Appeal of OHIM:
AD Bulgartabac Holding (Sofia, Bulgaria)