Case T-273/08: Action brought on 14 July 2008 — X Technology Swiss v OHIM — Ipko-Amcor (First-On-Skin)
Date: 2008-07-14
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), clothing, clothing industry, trade-mark law

C 236/14

EN

Official Journal of the European Union

13.9.2008

COURT OF FIRST INSTANCE

Action brought on 15 July 2008 — Meyer-Falk v
Commission

Action brought on 14 July 2008 — X Technology Swiss v
OHIM — Ipko-Amcor (First-On-Skin)

(Case T-251/06)

(2008/C 236/23)

(Case T-273/08)

(2008/C 236/24)

Language of the case: German

Language in which the application was lodged: German

Parties

Parties

Applicant: Thomas Meyer-Falk (Bruchsal, Germany) (represented
by: S. Crosby, Solicitor)

Applicant: X Technology Swiss GmbH (Wollerau, Switzerland)
(represented by: A. Herbertz, lawyer)

Defendant: Commission of the European Communities

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

Form of order sought

— Annul the contested decision;

— Order the Commission to pay the costs.

Pleas in law and main arguments

The applicant contests the Commission's decision of 6 November
2006, by which it refused the applicant access to two docu-
ments relating to the fight against organised crime and to judi-
cial reform in Bulgaria. Prior to the commencement of
the
proceedings, the applicant made an application for the grant of
legal aid, which was granted by the Court of First Instance by
decision of 21 January 2008.

In support of its action the applicant claims, first, in essence,
that the defendant has infringed the principle of sound adminis-
tration, since the applicant's application for access to the docu-
ments was refused despite the fact that the documents were
made accessible to the public with the exception of the appli-
cant.

applicant

The
application of
Article 4(1)(a) and (b) and Article 4(3) of Regulation (EC)
No 1049/2001 (1) is vitiated by a manifest error of assessment.

second,

claims,

that

the

(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).

Other party to the proceedings before the Board of Appeal of OHIM:
Ipko-Amcor BV (Zoetermeer, Netherlands)

Form of order sought

— Amend the decision delivered on 15 May 2008 by the
Fourth Board of Appeal of OHIM in Case R 281/2007-4 in
such a way that the opposition is rejected.

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant.

Community trade mark concerned: the word mark ‘First-On-Skin’
for goods in Classes 18, 23 and 25 (Application for Registration
No 4 019 981).

Proprietor of the mark or sign cited in the opposition proceedings:
Ipko-Amcor BV.

Mark or sign cited in opposition: the word mark ‘FIRST’ for goods
in Class 25 (Benelux Registration No 401 666), the objection
having been lodged against registration for goods in Class 25.

Decision of the Opposition Division: Rejection of the opposition.

Decision of the Board of Appeal: Annulment of the decision of the
Opposition Division.

Pleas in law: There is no likelihood of confusion between the
opposing marks.