Case T-373/06: Order of the Court of First Instance of 8 September 2008 — Matthias Rath v Office for Harmonisation in the Internal Market (Trade Marks and Designs) — Grandel (Epican Forte) (Community trade mark — Opposition proceedings — Application for Community trade mark Epican Forte — Earlier Community word mark EPIGRAN — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 — Application manifestly lacking any foundation in law)
Date: 2008-09-08
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), dietary product, food supplement, pharmaceutical product, trade-mark law

C 285/40

EN

Official Journal of the European Union

8.11.2008

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders Prana Haus GmbH to pay the costs.

(1) OJ C 211, 8.9.2007.

Order of the Court of First Instance of 10 September 2008
— Município de Gondomar v Commission

(Case T-324/06) (1)

(Action for annulment — Cohesion Fund — Regulation (EC)
No 1164/94 — Cancellation of financial assistance — Lack
of direct effect — Admissibility)

(2008/C 285/73)

Language of the case: Portuguese

Parties

Applicant: Município de Gondomar (Portugal) (represented by: J.
da Cruz Vilaça, D. Choussy and L. Pinto Monteiro, lawyers)

Order of the Court of First Instance of 8 September 2008
— Matthias Rath v Office for Harmonisation in the
Internal Market (Trade Marks and Designs) — Grandel
(Epican Forte)

(Case T-373/06) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for Community trade mark Epican Forte — Earlier
Community word mark EPIGRAN — Relative grounds for
refusal — Likelihood of confusion — Article 8(1)(b) of Regu-
lation (EC) No 40/94 — Application manifestly lacking any
foundation in law)

(2008/C 285/74)

Language of the case: German

Parties

Applicant: Matthias Rath (Cape Town, South Africa) (represented
by: S. Ziegler, C. Kleiner and F. Dehn, lawyers)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: G. Schneider, acting
as Agent)

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: Dr. Grandel GmbH
(Augsburg, Germany) (represented by: G. Hodapp, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: P. Guerra and Andrade and A. Weimar, Agents)

Re:

Re:

for

annulment

Application
Commission Decision
C(2006) 3782 of 16 August 2006 on the cancellation of the
financial assistance granted by the Cohesion Fund for Project
No 95/10/61/017 — Redevelopment of Grande Porto Sul —
Subsistema de Gondomar.

of

Operative part of the order

1. The action is dismissed as inadmissible.

Action brought against the decision of the First Board of Appeal
of OHIM of 5 October 2006 (Case R 1069/2005-1), relating to
opposition proceedings between Dr. Grandel GmbH and
Matthias Rath

Operative part of the order

1. The action is dismissed as manifestly lacking any foundation in

law;

2. Município de Gondomar shall bear its own costs and those of the
including the costs incurred in the application for

Commission,
interim measures.

2. Matthias Rath shall bear his own costs and pay those of the Office
(Trade Marks and

for Harmonisation in the Internal Market
Designs)(OHIM) and Dr. Grandel GmbH.

(1) OJ C 326, 30.12.2006.

(1) OJ C 42, 24.2.2007.