Judgment — ECLI:EU:T:2014:194
Date: 2014-04-09
Language of the case: English
Court formation: Fifth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - successful
Origin: Denmark

Judgment of the General Court of 9 April 2014 — Farmaceutisk Laboratorium Ferring v OHIM — Tillotts Pharma (OCTASA) (Case T-501/12) 1 (Community trade mark — Opposition proceedings — Application for Community word mark OCTASA — Earlier national word marks PENTASA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009) Language of the case: English Parties Applicant: Farmaceutisk Laboratorium Ferring A/S (Copenhagen, Denmark) (represented initially by I. Fowler, Solicitor, A. Renck and J. Fuhrmann, lawyers, and subsequently by I. Fowler, A. Renck and D. Slopek, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock, Agent) Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Tillotts Pharma AG (Ziefen, Switzerland) (represented by: T. Alkin, Barrister) Re: Action against the decision of the Fourth Board of Appeal of OHIM of 6 September 2012 (Case R 1214/2011-4), concerning opposition proceedings between Farmaceutisk Laboratorium Ferring A/S and Tillotts Pharma AG. Operative part of the judgment The Court: 1. Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 6 September 2012 (Case R 1214/2011-4); 2. Orders OHIM to bear its own costs and to pay half of the costs incurred by Farmaceutisk Laboratorium Ferring A/S; 3. Orders Tillotts Pharma AG to bear its own costs and to pay half of the costs incurred by Farmaceutisk Laboratorium Ferring. ____________ ____________ 1 OJ C 26, 26. 1. 2013.