Case T-87/07: Judgment of the Court of First Instance of 12 November 2008 — Scil proteins v OHIM — Indena ( affilene ) (Community trade mark — Opposition proceedings — Application for Community figurative mark affilene — Earlier Community word mark AFFILIN — Relative ground for refusal — Likelihood of confusion — Similarity between products — Article 8(1)(b) of Regulation (EC) No 40/94)
Date: 2008-11-12
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), chemical industry, medical plant, trade-mark law

C 6/26

EN

Official Journal of the European Union

10.1.2009

Judgment of the Court of First Instance of 12 November
2008 — Scil proteins v OHIM — Indena (affilene)

Judgment of the Court of First Instance of 12 November
2008 — Weiler v OHIM — IQNet Association — The
International Certification Network (Q2WEB)

(Case T-87/07) (1)

(Case T-242/07) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for Community figurative mark affilene — Earlier
Community word mark AFFILIN — Relative ground for
refusal — Likelihood of confusion — Similarity between
products — Article 8(1)(b) of Regulation (EC) No 40/94)

(2009/C 6/52)

Language of the case: English

(Community trade mark — Invalidity proceedings — Com-
munity word mark Q2WEB — Earlier Community word mark
QWEB and earlier Community figurative mark QWEB Certi-
fied Site — Relative ground for refusal — Likelihood of
confusion — Article 8(1)(b) and Article 52(1)(a) of Regu-
lation (EC) No 40/94)

(2009/C 6/53)

Language of the case: German

Parties

Applicant: Scil proteins GmbH (Halle, Germany) (represented by:
V. Dalichau and I.-M. Helbig, lawyers)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: D. Botis, Agent)

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: Indena SpA (Milan,
Italy)

Re:

Parties

Applicant: Dieter Weiler (Pulheim, Germany)
T. Dolde, V. von Bomhard and A. Renck, lawyers)

(represented by:

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

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: IQNet Association —
The International Certification Network (Berne, Switzerland)
(represented by: A. Masetti Zannini de Concina, M. Bucarelli and
P. Bodenham, lawyers)

ACTION brought against the decision of the Second Board of
Appeal of OHIM of 23 January 2007 (Case R 10/2006-2)
relating to opposition proceedings between Scil proteins GmbH
and Indena SpA.

Re:

Operative part of the judgment

The Court:

Action brought against the decision of the First Board of Appeal
of OHIM of 29 March 2007 (Case R 893/2005-1) concerning
invalidity proceedings between CISQ Federazione Certificazione
Italiana Sistemi di Qualità Aziendali, then IQNet Association —
The International Certification Network, and Mr Weiler

1. Annuls the decision of the Second Board of Appeal of the Office
for Harmonisation in the Internal Market
(Trade Marks and
Designs) (OHIM) of 23 January 2007 (Case R 10/2006-2) in
so far as it dismisses the opposition with respect to the following
goods: ‘extracts of medicinal plants for use in the pharmaceutical,
cosmetic and food industries, not for diagnostic purposes’;

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders OHIM to pay the costs.

2. Orders Mr Dieter Weiler to pay the costs.

(1) OJ C 117, 26.5.2007.

(1) OJ C 211, 8.9.2007.