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Order of the Court (Sixth Chamber) of 4 December 2009. # Matthias Rath v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Appeals - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Word marks Epican and Epican Forte - Opposition by the proprietor of the Community word mark EPIGRAN - Likelihood of confusion - Partial rejection of the application for registration - Appeals manifestly inadmissible. # Joined cases C-488/08 P and C-489/08 P.
ECLI:EU:C:2009:754
62008CO0488
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(Joined Cases C‑488/08 P and C-489/08 P)
Appeals – Community trade mark – Regulation (EC) No 40/94 – Article 8(1)(b) – Word marks Epican and Epican Forte – Opposition by the proprietor of the Community word mark EPIGRAN – Likelihood of confusion – Partial rejection of the application for registration – Appeals manifestly inadmissible
Re:
Appeals brought against the orders of the Court of First Instance (Seventh Chamber) of 8 September 2008 in Case T‑373/06 Rath v OHIM and Grandel and Case T‑374/06 Rath v OHIM and Grandel by which that court dismissed as manifestly lacking any foundation in law the actions for annulment of the decisions of the First Board of Appeal of OHIM of 5 October 2006 dismissing in part the actions brought against the decisions of the Opposition Division which, by upholding the opposition of the proprietor of the earlier Community word mark ‘EPIGRAN’, refused to register the word marks ‘EPICAN’ and ‘EPICAN FORTE’ for goods and services in class 5 – Likelihood of confusion of the two marks.
Operative part:
The Court:
1.Dismisses the appeals;
2.Orders Mr Rath to pay the costs.