Case T-374/06: Order of the Court of First Instance of 8 September 2008 — Rath v OHIM — Grandel (Epican) (Community trade mark — Opposition proceedings — Application for registration of the Community word mark Epican — Earlier Community word mark EPIGRAN — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 — Action 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

8.11.2008

EN

Official Journal of the European Union

C 285/41

Order of the Court of First Instance of 8 September 2008
— Rath v OHIM — Grandel (Epican)

Order of the Court of First Instance of 10 September 2008
— Serviço Intermunicipalizado de Gestão de Resíduos do
Grande Porto (Lipor) v Commission

(Case T-374/06) (1)

(Case T-26/07) (1)

(Community trade mark — Opposition proceedings —
Application for registration of the Community word mark
Epican — Earlier Community word mark EPIGRAN — Rela-
tive ground for
confusion —
Article 8(1)(b) of Regulation (EC) No 40/94 — Action mani-
festly lacking any foundation in law)

refusal — Likelihood of

(Action for annulment — Cohesion Fund — Regulation (EC)
No 1164/94 — Reduction of financial assistance — No direct
concern — Inadmissibility)

(2008/C 285/75)

Language of the case: German

(2008/C 285/76)

Language of the case: Portuguese

Parties

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, 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)

Applicant: Serviço Intermunicipalizado de Gestão de Resíduos do
Grande Porto (Lipor) (Baguim do Monte, Portugal) (represented
by: P. Moura Pinheiro, M. Gorjão Henriques and F. Quintela,
lawyers)

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

Re:

Re:

Action brought against the decision of the First Board of Appeal
of OHIM of 5 October 2006 (Case R 1324/2005-1), relating to
opposition proceedings between Dr. Grandel GmbH and
Matthias Rath.

Action for annulment of decision C(2006) 5008 of
the
Commission of 17 October 2006 concerning the reduction of
the Cohesion Fund as regards certain projects relating to the
factory for the incineration of solid urban waste of household
origin in the Region of Porto.

Operative part of the order

Operative part of the order

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

law.

1. The action is dismissed as inadmissible;

2. Matthias Rath shall bear his own costs and those incurred by the
Office for Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) and Dr. Grandel GmbH.

2. Serviço Intermunicipalizado de Gestão de Resíduos do Grande
Porto (Lipor) shall pay its own costs and those incurred by the
Commission.

(1) OJ C 42, 24.2.2007.

(1) OJ C 82 of 17.4.2007.