Source: EURLEX
Language: en
Format: md

**Order of the Court of First Instance (Seventh Chamber) of 8 September 2008 – Rath v OHIM – Grandel (Epican Forte)**

**(Case T-373/06)**

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

Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services
– Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 32-33, 65-66)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the First Board of Appeal of OHIM of 5 October 2006 (Case R 1069/2005-1), relating to opposition proceedings between Dr. Grandel GmbH and Matthias Rath. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Matthias Rath |
| Community trade mark sought: | Word mark Epican Forte for goods in Classes 5, 30 and 32 – Application No 2525251 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Dr. Grandel GmbH |
| Mark or sign cited in opposition: | Word Mark EPIGRAN, initially registered for goods in Classes 1, 3 and 5, currently also registered for goods in Class 3 (Community mark No 560292), the opposition being directed solely against registration in Class 5 |
| Decision of the Opposition Division: | Opposition upheld; partial rejection of the application for registration |
| Decision of the Board of Appeal: | Partial annulment of the decision of the Opposition Division |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Dismisses the action as manifestly lacking any foundation in law; |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Matthias Rath to bear his own costs and pay those of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and Dr. Grandel GmbH. |

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