Case T -146/06: Action brought on 22 May 2006 — SANOFI AVENTIS v OHIM — G.D. SEARLE ( ATURION )
Date: 2006-08-12
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), cardiovascular disease, pharmaceutical product, trade-mark law

12.8.2006

EN

Official Journal of the European Union

C 190/23

Action brought on 22 May 2006 — SANOFI AVENTIS v
OHIM — G.D. SEARLE (‘ATURION’)

Action brought on 26 May 2006 — Marie Claire v OHIM
— Marie Claire Album (MARIE CLAIRE)

(Case T -146/06)

(2006/C 190/41)

(Case T -148/06)

(2006/C 190/42)

Language in which the application was lodged: Spanish

Language in which the application was lodged: Spanish

Parties

Parties

Applicant: SANOFI AVENTIS, S.A. (Paris, France) (represented
by: E. Armijo Chavarri and A. Castán Pérez-Gómez, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM:
G.D. SEARLE LLC

Form of order sought

— Annul the decision of the First Board of Appeal of OHIM of

3 February 2006 in Case R 227/2005-1;

— Order OHIM to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: G.D. SEARLE LLC.

Community trade mark concerned: Word mark ‘ATURION’ for
goods in Class 5 — application No1 662 311.

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

Mark or sign cited in opposition: National word mark ‘URION’ for
goods in Class 5.

Decision of the Opposition Division: Rejection of the opposition.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC)
No 40/94, given that the marks in question may create a likeli-
hood of confusion on the market.

Applicant: Marie Claire (Castellón, Spain)
Fernández Mateos and T. Marín Bataller, lawyers)

(represented by: T.

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

Other party to the proceedings before the Board of Appeal of OHIM:
Marie Claire Album SA.

Form of order sought

— annul the decision of the Second Board of Appeal of 6

March 2006 in Case R-530/2004-2;

— declare, accordingly,

the Community trade mark
applied for is not caught by the prohibitions in Article
8(5)CMR 40/94, since such provisions do not apply to this
case;

that

— declare that the Community trade mark applied for, No
77.834 ‘MARIE CLAIRE’, does not take unfair advantage or
is not detrimental to the distinctive character or the reputa-
tion of the earlier opposing mark without due cause;

— declare that the prohibitions in Article 8(1)(b) CMR 40/94
are not applicable to the Community trade mark applied
for, as already held in both the decision of the Opposition
Division and the Second Board of Appeal of OHIM;

— allow registration of Community trade mark No 77.834
‘MARIE CLAIRE’ in order to distinguish ‘Swimwear; lingerie
and underwear’, in Class 25 of the International Classifica-
tion, for the benefit of the applicant;

— order OHIM to pay the costs together with any party which

appears as a third party to these proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: Marie Claire.

Community trade mark concerned: Word mark ‘MARIE
CLAIRE’ for goods in Class 25 — application No 2 389 567.

Proprietor of the mark or sign cited in the opposition proceed-
ings: Marie Claire Album SA.