Source: EURLEX
Language: en
Format: md

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| 8.11.2008 | EN | Official Journal of the European Union | C 285/41 |

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Order of the Court of First Instance of 8 September 2008 — Rath v OHIM — Grandel (Epican)

(Case T-374/06)[(1)](#ntr1-C_2008285EN.01004101-E0001)

(Community trade mark - Opposition proceedings - Application for registration of the Community word mark Epican - Earlier Community word mark EPIGRAN - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 - Action manifestly lacking any foundation in law)

(2008/C 285/75)

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, 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)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 5 October 2006 (Case R 1324/2005-1), relating to opposition proceedings between Dr. Grandel GmbH and Matthias Rath.

Operative part of the order

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| 1. | The action is dismissed as manifestly lacking any foundation in law. |

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| 2. | Matthias Rath shall bear his own costs and those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and Dr. Grandel GmbH. |

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