CELEX: 62006TO0374
Language: en
Date: 2008-09-08 00:00:00
Title: Order of the Court of First Instance (Seventh Chamber) of 8 September 2008. # Matthias Rath v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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. # Case T-374/06.

Order of the Court of First Instance (Seventh Chamber) of 8 September 2008 – Rath v OHIM – Grandel (Epican)
      (Case T-374/06)
      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
      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, 60-61)
      
      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.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Matthias Rath
            
         
               Community trade mark sought:
            
            
               Word mark Epican for goods and services in Classes 5, 30 and 32 – Application No 2524510
            
         
               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 and services
                  in Class 3 (Community mark No 560292)
               
            
         
               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 those incurred by the Office for Harmonisation in the Internal Market (Trade
                     Marks and Designs) (OHIM) and Dr. Grandel GmbH.