Judgment — ECLI:EU:T:2015:280
Date: 2015-05-13
Language of the case: English
Court formation: Eighth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Netherlands

Action brought on 17 March 2014 – Ferring v OHIM – Kora Corporation (Koragel) (Case T-169/14) Language in which the application was lodged: English Parties Applicant: Ferring BV (Hoofddorp, Netherlands) (represented by: A. Thünken, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Other party to the proceedings before the Board of Appeal: Kora Corporation Ltd (Swords, Ireland) 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 13 January 2014 given in Case R 721/2013-4; Order the defendant and the intervener, should it intervene, to pay the costs of proceedings. 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 “Koragel” for goods in Class 5 –Community trade mark application No 10 490 027 Proprietor of the mark or sign cited in the opposition proceedings: The applicant Mark or sign cited in opposition: The word mark “CHORAGON” for goods in Class 5 – Community trade mark registration No 8 695 314 Decision of the Opposition Division: Rejected the opposition Decision of the Board of Appeal: Dismissed the appeal Pleas in law: Infringement of Article 8 (1)(b) CTMR.