# C_2011311EN.01004403.xml

| 22.10.2011 | EN | Official Journal of the European Union | C 311/44 |
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22.10.2011

EN

Official Journal of the European Union

C 311/44

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Action brought on 28 July 2011 — Hemofarm v OHIM — Laboratorios Diafarm (HEMOFARM)

(Case T-411/11)

2011/C 311/83

Language in which the application was lodged: Spanish

Parties

Parties

Applicant: Hemofarm AD farmaceutsko-hemijska industrija Vršac (Vršac, Serbia) (represented by: D. Cañadas Arcas)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Other party to the proceedings before the Board of Appeal: Laboratorios Diafarm, SA (Barberá del Vallès, Spain)

Other party to the proceedings before the Board of Appeal:

Form of order sought

Form of order sought

The applicant claims that the General Court should:

| — | stay the proceedings brought by the applicant before the General Court in its action against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 17 May 2011 until OHIM and Barcelona Commercial Courts Nos 4 and 8 have adjudicated upon the applications for a declaration of invalidity and for revocation on grounds of non-use; |
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stay the proceedings brought by the applicant before the General Court in its action against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 17 May 2011 until OHIM and Barcelona Commercial Courts Nos 4 and 8 have adjudicated upon the applications for a declaration of invalidity and for revocation on grounds of non-use;

| — | in the alternative, review, annul or, if necessary, vary decision R 298/2010-4 of the Fourth Board of Appeal as regards the contested goods in Class 5, so as to reject opposition B 996 506 in relation to that class, and consequently grant the applicant’s application for Community trade mark No 4 504 049‘HEMOFARM’ for all the goods in Class 5 and register that mark in Classes 5 and 35 as sought. |
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in the alternative, review, annul or, if necessary, vary decision R 298/2010-4 of the Fourth Board of Appeal as regards the contested goods in Class 5, so as to reject opposition B 996 506 in relation to that class, and consequently grant the applicant’s application for Community trade mark No 4 504 049‘HEMOFARM’ for all the goods in Class 5 and register that mark in Classes 5 and 35 as sought.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Applicant for a Community trade mark:

Community trade mark concerned: Word mark ‘HEMOFARM’ for goods and services in Classes 3, 5 and 35.

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: Laboratorios Diafarm, SA.

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited in opposition: Community and international word mark ‘HEMOFARM’ for goods in Classes 3 and 16 and national word marks ‘HEMOPLANT’ and ‘HEMONET’ for goods in Class 5.

Mark or sign cited in opposition:

Decision of the Opposition Division: Opposition upheld in part.

Decision of the Opposition Division:

Decision of the Board of Appeal: Appeal dismissed.

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009, (1) as there is no likelihood of confusion between the marks at issue.

Pleas in law:

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(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).

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