Case T-226/07: Judgment of the Court of First Instance of 17 September 2008 — Prana Haus v OHIM (Community trade mark — Application for registration of the word mark PRANAHAUS — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 40/94)
Date: 2008-09-17
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment, printing, trade-mark law

8.11.2008

EN

Official Journal of the European Union

C 285/39

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:
Aprile e Aprile Srl (Argelato, Italy)

Re:

Re:

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 20 December 2006 (Case R 1048/2004-4)
concerning an application for registration of the word mark
BioGeneriX as a Community trade mark.

Action brought against the decision of the Second Board of
Appeal of OHIM of 22 March 2007 (Case R-1076/2006-2),
relating to opposition proceedings between Anvil Knitwear, Inc.
and Aprile e Aprile Srl.

Operative part of the judgment

The Court hereby:

1. Annuls the decision of the Fourth Board of Appeal of the Office
for Harmonisation in the Internal Market
(Trade Marks and
Designs) (OHIM) of 20 December 2006 (Case R 1048/2004-
4), in so far as chemical substances for preserving foodstuffs, falling
within Class 1, are concerned;

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Anvil Knitwear, Inc. to pay the costs.

2. Dismisses the action as to the remainder;

(1) OJ C 170, 21.7.2007.

3. Orders ratiopharm GmbH to bear its own costs and to pay half of

OHIM's costs. OHIM will bear the other half of its costs.

(1) OJ C 82, 14.4.2007.

Judgment of the Court of First Instance of 17 September
2008 — Prana Haus v OHIM

(Case T-226/07) (1)

Judgment of the Court of First Instance of 24 September
2008 — Anvil Knitwear v OHIM — Aprile e Aprile
(Aprile)

(Community trade mark — Application for registration of the
word mark PRANAHAUS — Absolute ground for refusal —
Descriptive character — Article 7(1)(c) of Regulation (EC)
No 40/94)

(Case T-179/07) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for the Community figurative mark Aprile — Earlier
national word mark ANVIL — Relative ground for refusal —
Lack of likelihood of confusion — Obligation to state reasons
— Rights of the defence — Articles 8(1)(b), 73 and 74 of
Regulation (EC) No 40/94)

Parties

(2008/C 285/72)

Language of the case: German

(2008/C 285/71)

Language of the case: English

Parties

Applicant: Prana Haus GmbH (Fribourg-en-Brisgau, Germany)
(represented by: N. Hebies, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)
J. Weberndörfer,
acting as Agent)

(represented by:

Applicant: Anvil Knitwear, Inc. (New York, New York, United
States)
(represented by: G. Würtenberger, R. Kunze and T.
Wittmann, lawyers)

Re:

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: S. Laitinen and O.
Mondéjar Ortuño, acting as Agents)

Action brought against the decision of the First Board of Appeal
of OHIM of 18 April 2007 (Case R 1611/2006-1) concerning
an application for registration of the verbal mark PRANAHAUS
as a Community trade mark.

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.