# C_2011145EN.01002802.xml

| 14.5.2011 | EN | Official Journal of the European Union | C 145/28 |
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14.5.2011

EN

Official Journal of the European Union

C 145/28

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Action brought on 17 February 2011 — MSE Pharmazeutika v OHIM — Merck Sharp & Dohme (SINAMIT)

(Case T-100/11)

2011/C 145/48

Language in which the application was lodged: English

Parties

Parties

Applicant: MSE Pharmazeutika GmbH (Bad Homburg, Germany) (represented by: T. Büttner, lawyer)

Applicant:

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

Defendant:

Other party to the proceedings before the Board of Appeal: Merck Sharp & Dohme Corp. (New Jersey, USA)

Other party to the proceedings before the Board of Appeal:

Form of order sought

Form of order sought

| — | Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 9 December 2010 in case R 724/2010-1; |
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Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 9 December 2010 in case R 724/2010-1;

| — | Annul the decision of the Opposition Division of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 3 March 2010, which upheld opposition No B 1441684. |
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Annul the decision of the Opposition Division of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 3 March 2010, which upheld opposition No B 1441684.

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: The word mark ‘SINAMIT’, for goods in classes 3, 5 and 32 — Community trade mark application No 951596

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

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

Mark or sign cited in opposition: Austrian trade mark registration No 57446 of the word mark ‘SINEMET’, for goods in class 5; Benelux trade mark registration No 320194 of the word mark ‘SINEMET’, for goods in class 5; Danish trade mark registration No VR197302373 of the word mark ‘SINEMET’, for goods in class 5; Finish trade mark registration No 49091 of the word mark ‘SINEMET’, for goods in class 5; Greek trade mark registration No 34959 of the word mark SINEMET, for goods in class 5; Hungarian trade mark registration No 116223 of the word mark ‘SINEMET’, for goods in class 5; Latvian trade mark registration No M18257 of the word mark ‘SINEMET’, for goods in class 5; Lithuanian trade mark registration No 12963 of the word mark ‘SINEMET’, for goods in class 5

Mark or sign cited in opposition:

Decision of the Opposition Division: Upheld the opposition for part of the contested goods

Decision of the Opposition Division:

Decision of the Board of Appeal: Dismissed the appeal

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal wrongly found that there was likelihood of confusion between the conflicting marks, assuming a high similarity of the marks on the one side and an identity and similarity of the goods covered by the trademarks on the other side.

Pleas in law:

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