Joined Cases T-305/06 to T-307/06: Judgment of the Court of First Instance of 15 October 2008 — Air Products and Chemicals v OHIM — Messer (Ferromix, Inomix and Alumix) (Community trade mark — Opposition proceedings — Applications for the Community word marks Ferromix, Inomix and Alumix — Earlier Community word marks FERROMAXX, INOMAXX and ALUMAXX — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94)
Date: 2008-10-15
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), aluminium, gas, metalworking, steel, trade-mark law

C 313/30

EN

Official Journal of the European Union

6.12.2008

Judgment of the Court of First Instance of 23 October
2008 — Adobe v OHIM (FLEX)

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

(Case T-158/06) (1)

(Community trade mark — Application for the Community
word mark FLEX — Absolute ground for refusal — Descrip-
tive character — Article 7(1)(c) of Regulation (EC) No 40/94)

(2008/C 313/52)

Language of the case: English

Parties

Applicant: Adobe Systems Inc.
States) (represented by: M. Graf and F. Wesel, lawyers)

(San Jose, California, United

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: P. Bullock, D. Botis
and G. Schneider, Agents)

Re:

Action for annulment of the decision of the Second Board of
Appeal of OHIM of 11 April 2006 (Case R 1430/2005-2)
concerning registration of
the Community trade mark FLEX
No 3 795 011.

Operative part of the judgment

The Court:

1. Dismisses the action;

Re:

Action brought against the decision of the First Board of Appeal
of OHIM of 21 June 2006 (Case R 25/2006-1) concerning an
application to register the word mark PORT LOUIS as a Com-
munity trade mark.

Operative part of the judgment

The Court:

1. annuls the decision of the First Board of Appeal of the Office for
Harmonisation in the Internal Market (Trade Marks and Designs)
(OHIM) of 21 June 2006 (Case R 25/2006-1);

2. orders OHIM to pay the costs.

(1) OJ C 261 of 28.10.2006.

Judgment of the Court of First Instance of 15 October
2008 — Air Products and Chemicals v OHIM — Messer
(Ferromix, Inomix and Alumix)

2. Orders Adobe Systems Inc. to pay the costs.

(Joined Cases T-305/06 to T-307/06) (1)

(1) OJ C 190, 12.8.2006.

Judgment of the Court of First Instance of 15 October
2008 — Rewe-Zentrale v OHIM (PORT LOUIS)

(Case T-230/06) (1)

(Community trade mark — Application for the Community
word mark PORT LOUIS — Absolute grounds for refusal —
the geographical
Descriptive character — Designation of
origin of the goods — Article 7(1)(c) of Regulation (EC)
No 40/94)

(2008/C 313/53)

Language of the case: German

Parties

Applicant: Rewe-Zentrale AG (Cologne, Germany) (represented
by: M. Kinkeldey and A. Bognár, lawyers)

(Community trade mark — Opposition proceedings — Appli-
cations for the Community word marks Ferromix, Inomix and
Alumix — Earlier Community word marks FERROMAXX,
INOMAXX and ALUMAXX — Relative ground for refusal
— Likelihood of confusion — Article 8(1)(b) of Regulation
(EC) No 40/94)

(2008/C 313/54)

Language of the case: English

Parties

Applicant: Air Products and Chemicals, Inc. (Allentown, Pennsyl-
vania, United States) (represented by: S. Heurung and C. Probst,
lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM,
intervener before the Court of First Instance: Messer Group GmbH
(Sulzbach, Germany) (represented by: W. Graf v. Schwerin and J.
Schmidt, lawyers)

6.12.2008

EN

Official Journal of the European Union

C 313/31

Re:

Actions brought against three decisions of the Second Board of
Appeal of OHIM of 12 September 2006 (Joined Cases
R 1270/2005-2 and R 1408/2005-2; R 1226/2005-2 and
R 1398/2005-2; R 1225/2005-2 and R 1397/2005-2),
concerning opposition proceedings between Air Products and
Chemicals, Inc. and Messer Group GmbH.

Operative part of the judgment

The Court:

1. Annuls the decisions of the Second Board of Appeal of the Office
(Trade Marks and
for Harmonisation in the Internal Market
Designs)
of 12 September 2006 (Joined Cases
R 1270/2005-2 and R 1408/2005-2; R 1226/2005-2 and
R 1398/2005-2; R 1225/2005-2 and R 1397/2005-2);

(OHIM)

2. Orders OHIM to bear its own costs and pay the costs of Air

Products and Chemicals, Inc.;

3. Orders Messer Group GmbH to bear its own costs.

(1) OJ C 326, 30.12.2006.

Other party to the proceedings before the Board of Appeal of OHIM,
intervener before the Court of First
Instance: Nycomed GmbH,
formerly Altana Pharma AG (Konstanz, Germany) (represented
by: A. Ferchland, lawyer)

Re:

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 8 February 2007 (Case R 302/2005-4),
relating to opposition proceedings between Altana Pharma AG
and Aventis Pharma SA.

Operative part of the judgment

The Court:

1. Annuls the decision of the Fourth Board of Appeal of the Office
(Trade Marks and

for Harmonisation in the Internal Market
Designs) (OHIM) of 8 February 2007 (Case R 302/2005-4);

2. Orders OHIM to bear its own costs and to pay those incurred by

Aventis Pharma SA;

3. Orders Nycomed GmbH to bear its own costs.

(1) OJ C 117, 26.5.2007.

Judgment of the Court of First Instance of 21 October
2008 — Aventis Pharma v OHIM — Nycomed (Prazol)

(Case T-95/07) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for the Community word mark PRAZOL — Earlier
national word mark PREZAL — Relative ground for refusal
— Likelihood of confusion — Article 8(1)(b) of Regulation
(EC) No 40/94)

(2008/C 313/55)

Language of the case: English

Judgment of the Court of First Instance of 23 October
2008 — People's Mojahedin Organization of Iran v Council

(Case T-256/07) (1)

(Common foreign and security policy — Restrictive measures
directed against certain persons and entities with a view to
combating terrorism — Freezing of funds — Actions for
annulment — Rights of the defence — Statement of reasons
— Judicial review)

(2008/C 313/56)

Language of the case: English

Parties

Parties

Applicant: Aventis Pharma SA (Antony, France) (represented by:
R. Gilbey, lawyer)

Applicant: People's Mojahedin Organization of Iran (Auvers sur
Oise,
and
D. Vaughan QC)

(represented by:

J.-P. Spitzer,

France)

lawyer,

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

Defendant: Council of
M. Bishop and E. Finnegan, Agents)

the European Union (represented by: