(Case T-373/06)

Community trade mark – Opposition proceedings – Application for Community trade mark Epican Forte – Earlier Community word mark EPIGRAN – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 – Application 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, 65-66)

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.

Information relating to the case

Applicant for the Community trade mark:

Community trade mark sought:

Word mark Epican Forte for goods in Classes 5, 30 and 32 – Application No 2525251

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 in Class 3 (Community mark No 560292), the opposition being directed solely against registration in Class 5

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 pay those of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and Dr. Grandel GmbH.