Case T-492/08: Action brought on 18 November 2008 — Wessang v OHIM — Greinwald (star foods)
Date: 2008-11-18
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment, foodstuff, trade-mark law

C 32/40

EN

Official Journal of the European Union

7.2.2009

Action brought on 18 November 2008 — Wessang v
OHIM — Greinwald (star foods)

(Case T-492/08)

(2009/C 32/77)

Language in which the application was lodged: French

Pleas in law: According to the applicant, there is a likelihood of
confusion between the two marks at issue, to the extent that
they are extremely similar both visually and phonetically or
conceptually and refer to similar or even identical goods.

Action brought on 14 November 2008 — Ryanair/
Commission

Parties

Applicant: Nicolas Wessang (Zimmerbach, France) (represented
by: A. Grolée, lawyer)

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

Other party to the proceedings before the Board of Appeal: Greinwald
GmbH (Kempten, Germany)

Parties

(Case T-494/08)

(2009/C 32/78)

Language of the case: English

Form of order sought

— Annul the decision of the Board of Appeal of OHIM of

17 September 2008;

Applicant: Ryanair Ltd (Dublin,
Vahida, I. Metaxas-Maragkidis, lawyers)

Ireland)

(represented by: E.

Defendant: Commission of the European Communities

— Uphold the opposition filed by Mr Nicolas WESSANG of
26 September 2005 against the application for registration
of the mark STAR FOODS + device No 004105615;

Form of order sought

— Reject that application for registration No 004105615 in its

entirety;

— Order the company Greinwald GmbH to pay the whole of
the costs incurred by Mr Nicolas WESSANG in the opposi-
tion proceedings, the appeal proceedings and the present
proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: Greinwald GmbH

Community trade mark concerned: Figurative mark ‘star foods’ for
goods in Classes 29, 30 and 32 — application No 4 105 615

— declare in accordance with Articles 230 and 231 EC that the
Commission's implied decision refusing access to the docu-
ments for which access was requested by the applicant in an
the
application dated 25 June 2008 is void and that
Commission's decision of 9 October 2008 refusing access to
the same documents is non-existent;

— alternatively, declare

in accordance with Articles 230
and 231 EC that the Commission's decision of 9 October
2008 refusing access to the documents for which access was
requested by the applicant in an application dated 25 June
2008 is void;

— order the Commission to pay the costs incurred by the

applicant in the proceedings; and

— take such further action as the Court may deem appropriate.

Proprietor of the mark or sign cited in the opposition proceedings:
Nicolas Wessang

Pleas in law and main arguments

Mark or sign cited in opposition: Community figurative and word
marks ‘STAR SNACKS’ for goods in Classes 29, 30 and 31

Decision of the Opposition Division: The opposition is upheld

Decision of the Board of Appeal: Annulment of the decision of the
Opposition Division and rejection of the opposition

By means of this application the applicant seeks annulment of
the Commission implied decision rejecting the applicant's
request, pursuant to Regulation No 1049/2001 (1), of the access
to documents relating to State aid procedures concerning the
presumed State aid granted through an agreement with the
operator of Aarhus airport. The said decision was followed by
the express decision of 9 October 2008. The annulment of the
express decision is alternatively sought by the applicant in the
present case.