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C 183/34 EN Official Journal of the European Union 4.8.

2007

Also, contrary to the rights of the other party to the cancella- goods and services in Classes 16, 39 and 42 (Community trade
tion and appeal proceedings (hereinafter, ‘Farmec’), the applicant mark No 81 406).
claims to have broader rights over the trade mark, both with
regards to the range of cosmetic products it is entitled to Proprietor of the Community trade mark: The applicant.
produce as to their composition. Based on the assumption that
the two companies enjoy equal and distinctive rights over the
trademark GEROVITAL H3 Prof. Dr. A. Aslan related to the Applicant for the declaration of invalidity: DSR touristik GmbH.
intensity of protection, the anteriority/precedence aspect referred
to by Farmec should have no bearing according to the appli- Decision of the Cancellation Division: Partial declaration of inva-
cant. lidity of the trade mark concerned.

Finally, the applicant submits that its ownership rights would be Decision of the Board of Appeal: Dismissal of the appeal.
seriously affected if faced to the impossibility to acquire interna-
tional recognition and protection of the rights deriving from the Pleas in law: Incorrect application of Article 51(1)(a), of Article 7
assignment contract, even if it claims to enjoy full rights and (1)(c) and of Article 51(2) of Regulation (EC) No 40/94 (1).
protection in Romania.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the


Community trade mark (OJ 1994 L 11, p. 1).

Action brought on 4 June 2007 — Frosch Touristik v


OHIM — DSR touristik (FLUGBÖRSE)

(Case T-189/07) Action brought on 31 May 2007 — Anheuser-Busch v


OHIM — Budějovický Budvar (BUDWEISER)
(2007/C 183/66)
(Case T-191/07)
Language in which the application was lodged: German
(2007/C 183/67)

Language in which the application was lodged: German

Parties

Applicant: Frosch Touristik GmbH (Munich, Germany) (repre- Parties


sented by: H. Lauf, Rechtsanwalt)
Applicant: Anheuser-Busch, Inc. (St. Louis, United States) (repre-
Defendant: Office for Harmonisation in the Internal Market sented by: V. von Bomhard, lawyer)
(Trade Marks and Designs)
Defendant: Office for Harmonisation in the Internal Market
Other party to the proceedings before the Board of Appeal of OHIM: (Trade Marks and Designs)
DSR touristik GmbH
Other party to the proceedings before the Board of Appeal of OHIM:
Budějoviský Budvar, národní podnik
Form of order sought

— annul the decision of the Fourth Board of Appeal of the Form of order sought
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) of 22 March 2007 — Case R 1084/2004-4 — — Annul the decision of the Second Board of Appeal of the
in its entirety and refer the case back to the Office for Office for Harmonisation in the Internal Market (Trade Marks
Harmonisation in the Internal Market (Trade Marks and and Designs) of 20 March 2007 in Case R 299/2006-2;
Designs) for a fresh decision;
— In the alternative, annul the decision of the Second Board of
— order the defendant to pay the costs. Appeal of the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) of 20 March 2007 in
Case R 299/2006-2 in so far as it concerns ‘non-alcoholic
Pleas in law and main arguments drinks’;

— Order the defendant and, in the event that it intervenes, the


Registered Community trade mark in respect of which a declaration of other party to the proceedings before the Office for Harmo-
invalidity has been sought: The word mark ‘FLUGBÖRSE’ for nisation in the Internal Market to pay the costs.