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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.
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.
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
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. |