Case T-430/08: Action brought on 30 September 2008 — Grain Millers v OHIM — Grain Millers (GRAIN MILLERS)
Date: 2008-09-30
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), quality label, seed

C 313/46

EN

Official Journal of the European Union

6.12.2008

Action brought on 30 September 2008 — Grain Millers v
OHIM — Grain Millers (GRAIN MILLERS)

Action brought on 1 October 2008 — Bulur Giyim Sanayi
ve Ticaret Sirketi v OHIM — Denim (VIGOSS)

(Case T-430/08)

(2008/C 313/83)

Language in which the application was lodged: English

(Case T-431/08)

(2008/C 313/84)

Language in which the application was lodged: English

Parties

Applicant: Grain Millers, Inc. (Eden Prairie, United States) (repre-
sented by: L.-E. Ström, lawyer)

Parties

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

Other party to the proceedings before the Board of Appeal: Grain
Millers GmbH & Co. KG (Bremen, Germany)

Form of order sought

— Annul the decision of the Second Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) of 23 July 2008 in case R 478/2007-2; and

— Order the other party to the proceedings before the Board

of Appeal to pay the costs.

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community
trade mark concerned: The word mark ‘GRAIN
MILLERS’ for goods in classes 29, 30 and 31 — application
No 3 650 256

Proprietor of the mark or sign cited in the opposition proceedings: The
other party to the proceedings before the Board of Appeal

Mark or
MILLERS’ and its figurative version

sign cited: German ‘business designation’

‘GRAIN

Decision of the Opposition Division: Partially rejected the opposi-
tion

Applicant: Bulur Giyim Sanayi ve Ticaret Sirketi
Turkey) (represented by: R. Böhm, lawyer)

(Istanbul,

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

Other party to the proceedings before the Board of Appeal: A V
Denim, Inc. (trading as A&V Denim, Inc.) (New York, United
States)

Form of order sought

— Annul the decision of the Second Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) of 18 July 2008 in case R 1366/2007-2,
insofar as it dismissed the appeal lodged by the applicant
against the decision of the Opposition Division of 26 June
2007 ruling on opposition No B 923 005; and

— Order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for the Community trade mark: The other party to the
proceedings before the Board of Appeal

Decision of the Board of Appeal: Partial dismissal of the appeal

Community trade mark concerned: The word mark ‘VIGOSS’ for
goods in classes 14, 18 and 25

Pleas in law: Infringement of Article 8(4) of Council Regulation
No 40/94 as the Board of Appeal has overestimated the value of
the evidence submitted by the other party to the proceedings
before the Board of Appeal in order to substantiate prior rights
over the earlier trade mark.

Proprietor of the mark or sign cited in the opposition proceedings: The
applicant

or

sign cited:

Mark
trade mark registration
No 771 374 of the figurative mark ‘VIGOSS’ for goods in
class 25

International