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Case T-373/06: Order of the Court of First Instance of 8 September 2008 — Matthias Rath v Office for Harmonisation in the Internal Market (Trade Marks and Designs) — Grandel (Epican Forte) (Community trade mark — Opposition proceedings — Application for Community trade mark Epican Forte — Earlier Community word mark EPIGRAN — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 — Application manifestly lacking any foundation in law)
ECLI:EU:UNKNOWN:62006TB0373
62006TB0373
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EN
Official Journal of the European Union
C 285/40
(Case T-373/06)
(Community trade mark - Opposition proceedings - Application for Community trade mark Epican Forte - Earlier Community word mark EPIGRAN - Relative grounds for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 - Application manifestly lacking any foundation in law)
(2008/C 285/74)
Language of the case: German
Parties
Applicant: Matthias Rath (Cape Town, South Africa) (represented by: S. Ziegler, C. Kleiner and F. Dehn, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Dr. Grandel GmbH (Augsburg, Germany) (represented by: G. Hodapp, lawyer)
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
Operative part of the order
1.The action is dismissed as manifestly lacking any foundation in law;
2.Matthias Rath shall 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.
(<span class="super">1</span>) OJ C 42, 24.2.2007.
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