# C_2013260EN.01004801.xml

| 7.9.2013 | EN | Official Journal of the European Union | C 260/48 |
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7.9.2013

EN

Official Journal of the European Union

C 260/48

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Action brought on 16 July 2013 — Boehringer Ingelheim International/OHIM — Lehning entreprise (ANGIPAX)

(Case T-368/13)

2013/C 260/85

Language in which the application was lodged: English

Parties

Parties

Applicant: Boehringer Ingelheim International GmbH (Ingelheim am Rhein, Germany) (represented by: V. von Bomhard and D. Slopek, lawyers)

Applicant:

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

Defendant:

Other party to the proceedings before the Board of Appeal: Lehning entreprise SARL (Sainte Barbe, France)

Other party to the proceedings before the Board of Appeal:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | Annul OHIM’s Fifth Board of Appeal’s decision of 29 April 2013 in Case R 571/2012-5 insofar as it allowed registration of the mark ANGIPAX in respect of pharmaceutical and veterinarian products and preparations for health and medical care; fungicides; dietetic substances adapted for medical use; disinfectants; surgical dressings and materials for dressing, materials for stopping teeth, preparations for destroying vermin; food for babies; and |
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Annul OHIM’s Fifth Board of Appeal’s decision of 29 April 2013 in Case R 571/2012-5 insofar as it allowed registration of the mark ANGIPAX in respect of pharmaceutical and veterinarian products and preparations for health and medical care; fungicides; dietetic substances adapted for medical use; disinfectants; surgical dressings and materials for dressing, materials for stopping teeth, preparations for destroying vermin; food for babies; and

| — | Order that the costs of the proceedings be borne by the defendant, or — in the event that the other party before the Boards of Appeal intervenes on the side of the defendant — that they be borne jointly by the defendant and the intervener. |
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Order that the costs of the proceedings be borne by the defendant, or — in the event that the other party before the Boards of Appeal intervenes on the side of the defendant — that they be borne jointly by the defendant and the intervener.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Applicant for a Community trade mark:

Community trade mark concerned: The word mark ‘ANGIPAX’ for goods in class 5 — Community trade mark application No 8 952 401

Community trade mark concerned:

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

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

Mark or sign cited in opposition: The word mark ‘ANTISTAX’ — Community trade mark registration No 2 498 343 for goods in classes 3, 5, 28 and 30

Mark or sign cited in opposition:

Decision of the Opposition Division: Rejected the opposition in its entirety

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.

Pleas in law:

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