Judgment — ECLI:EU:T:2014:192
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: Netherlands

Action brought on 19 November 2012 - Ferring v OHIM - Tillotts Pharma (OCTASA) (Case T-502/12) Language in which the application was lodged: English Parties Applicant: Ferring BV (Haarlem, Netherlands) (represented by: I. Fowler, Solicitor, A. Renck and J. Fuhrmann, lawyers) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Other party to the proceedings before the Board of Appeal: Tillotts Pharma AG (Ziefen, Switzerland) Form of order sought The applicant claims that the Court should: Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 September 2012 in case R 1216/2011-4; and. Order that the costs of the proceedings be borne by the Defendant, or - in the event that the other party to the proceedings before the Board 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 Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal Community trade mark concerned: The word mark "OCTASA", for goods in class 5 - Community trade mark application No 8169881 Proprietor of the mark or sign cited in the opposition proceedings: The applicant Mark or sign cited in opposition: Benelux trade mark registration No 377513 for the word mark "PENTASA", for among others goods in class 5; German trade mark registration No 1181393 for the word mark "PENTASA", for goods in class 5; Portuguese trade mark registration No 218845 for the word mark "PENTASA", for goods in class 5; Danish trade mark registration No VR 02.430 1980 for the word mark "PENTASA", for goods in class 5; Finnish trade mark registration No 94367 for the word mark "PENTASA", for goods in class 5; UK trade mark registration No 1131049 for the word mark "PENTASA", for goods in class 5; Spanish trade mark registration No 1766091 for the word mark "PENTASA", for goods in class 5; International trade mark registration No 605880 for the word mark "PENTASA", for goods in class 5; Benelux trade mark registration No 430245 for the word mark "OCTOSTIM", for goods in class 5; German trade mark registration No 2024737 for the word mark "OCTOSTIM", for goods in class 5; Finnish trade mark registration No 95782 for the word mark "OCTOSTIM", for goods in class 5; French trade mark registration No 1537576 for the word mark "OCTOSTIM", for goods in class 5; UK trade mark registration No 1262052 for the word mark "OCTOSTIM", for goods in class 5; Greek trade mark registration No 129507-A for the word mark "OCTOSTIM", for goods in class 5; Irish trade mark registration No 175341 for the word mark "OCTOSTIM", for goods in class 5; Portuguese trade mark registration No 246194 for the word mark "OCTOSTIM", for goods in class 5; Danish trade mark registration No VR 198601124 for the word mark "OCTOSTIM", for goods in class 5; Swedish trade mark registration No 2000103 for the word mark "OCTOSTIM", for goods in class 5 Decision of the Opposition Division: Rejected the opposition in its entirety Decision of the Board of Appeal: Dismissed the appeal Pleas in law: - Infringement of Articles 8(1)(b) and 8(5) of Council Regulation No 207/2009 - Infringement of Rule 80(2) of Commission Regulation (EC) No 2868/95. ____________