CELEX: 62006TB0373
Language: en
Date: 2008-09-08 00:00:00
Title: Case T-373/06: Order of the Court of First Instance of 8 September 2008 — Matthias Rath v Office for Harmonisation in the Internal Market (Trade Marks and Designs) — Grandel (Epican Forte) (Community trade mark — Opposition proceedings — Application for Community trade mark Epican Forte — Earlier Community word mark EPIGRAN — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 — Application manifestly lacking any foundation in law)

8.11.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 285/40
            
         Order of the Court of First Instance of 8 September 2008 — Matthias Rath v Office for Harmonisation in the Internal Market (Trade Marks and Designs) — Grandel (Epican Forte)
   (Case T-373/06) (1)
   
   (Community trade mark - Opposition proceedings - Application for Community trade mark Epican Forte - Earlier Community word mark EPIGRAN - Relative grounds for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 - Application manifestly lacking any foundation in law)
   (2008/C 285/74)
   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, acting as 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 1069/2005-1), relating to opposition proceedings between Dr. Grandel GmbH and Matthias Rath
   Operative part of the order
   
               1.
            
            
               The action is dismissed as manifestly lacking any foundation in law;
            
         
               2.
            
            
               Matthias Rath shall 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.
            
         
      (1)  OJ C 42, 24.2.2007.