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Document 62006TO0374

    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.

    European Court Reports 2008 II-00151*

    ECLI identifier: ECLI:EU:T:2008:313

    Date of document:
    08/09/2008
    Date lodged:
    13/12/2006
    Author:
    General Court
    Country or organisation from which the request originates:
    Third countries
    Form:
    Order
    Additional information:
    POURVOI C-489/08 P
    Authentic language:
    German
    Type of procedure:
    Action for annulment - unfounded
    Applicant:
    Individual
    Defendant:
    European Union Intellectual Property Office, EU institutions and bodies
    Judge-Rapporteur:
    Truchot
    Treaty:
    Treaty establishing the European Economic Community
    Link
    Select all documents mentioning this document
    Affected by case:
    Instruments cited in case law:





    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.

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