# C_2013101EN.01002601.xml

| 6.4.2013 | EN | Official Journal of the European Union | C 101/26 |
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6.4.2013

EN

Official Journal of the European Union

C 101/26

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Action brought on 8 February 2013 — Boehringer Ingelheim Pharma/OHIM — Nepentes (Momarid)

(Case T-75/13)

2013/C 101/55

Language in which the application was lodged: English

Parties

Parties

Applicant: Boehringer Ingelheim Pharma (Ingelheim, 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: Nepentes S.A. (Warsaw, Poland)

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 Fourth Board of Appeal’s decision of 28 November 2012 in Case R 2292/2011-4 in so far as it allowed registration of the mark MOMARID in respect of sanitary preparations for medical purposes; dietetic substances adapted for medical use; pharmaceutical and medical preparations, substances and products for protecting, maintaining, treating or conditioning for the skin, body, face, mouth, lips, eyes, hair, hands and nails; pharmaceutical and medical preparations and substances for the care and appearance of the skin, body, face, mouth, lips, eyes, hair, hands and nails; pharmaceutical and medical products and preparations for slimming purposes; dermatological pharmaceutical products, preparations and substances; dermatological preparations for the prevention and treatment of skin disorders; dermatological preparations (medicated); pharmaceutical preparations for the treatment of dermatological disorders; pharmaceutical preparations for the topical treatment of dermatological disorders; dermatological medicinal products; veterinary pharmaceutical preparations for dermatological use; veterinary medicinal products for treatment of hormonal disorders; hormones for medical purposes; hormone preparations for veterinary use; hormones; steroid products, hormone preparations for pharmaceutical and medical use; hygiene products; chemicals for pharmaceutical use (the ‘Contested Goods’); |
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Annul OHIM’s Fourth Board of Appeal’s decision of 28 November 2012 in Case R 2292/2011-4 in so far as it allowed registration of the mark MOMARID in respect of sanitary preparations for medical purposes; dietetic substances adapted for medical use; pharmaceutical and medical preparations, substances and products for protecting, maintaining, treating or conditioning for the skin, body, face, mouth, lips, eyes, hair, hands and nails; pharmaceutical and medical preparations and substances for the care and appearance of the skin, body, face, mouth, lips, eyes, hair, hands and nails; pharmaceutical and medical products and preparations for slimming purposes; dermatological pharmaceutical products, preparations and substances; dermatological preparations for the prevention and treatment of skin disorders; dermatological preparations (medicated); pharmaceutical preparations for the treatment of dermatological disorders; pharmaceutical preparations for the topical treatment of dermatological disorders; dermatological medicinal products; veterinary pharmaceutical preparations for dermatological use; veterinary medicinal products for treatment of hormonal disorders; hormones for medical purposes; hormone preparations for veterinary use; hormones; steroid products, hormone preparations for pharmaceutical and medical use; hygiene products; chemicals for pharmaceutical use (the ‘Contested Goods’);

| — | Order that the costs of the proceedings be borne by the defendant, or — in the event that the other party before OHIM 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 OHIM 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 ‘Momarid’ , for goods and services in class 5 — Community trade mark application No 9 164 328

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: Community trade mark No 2 396 448 of the mark ‘LONARID’ for goods in class 5

Mark or sign cited in opposition:

Decision of the Opposition Division: Rejected the opposition

Decision of the Opposition Division:

Decision of the Board of Appeal: Upheld the appeal in part

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 75 of Council Regulation No 207/2009 in conjunction with Rule 50(2)(h) Commission Regulation No 2868/95 and Article 8(1)(b) of Council Regulation No 207/2009.

Pleas in law:

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