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)
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
The action is dismissed as manifestly lacking any foundation in law;
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.
____________1 - 2 - OJ C 42, 24.02.2007