Case T-355/07: Action brought on 18 September 2007 — Pfizer v OHIM — Isdin (ISDIN Pediatrícs)
Date: 2007-11-10
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), cosmetic product, pharmaceutical product, trade-mark law

C 269/64

EN

Official Journal of the European Union

10.11.2007

Action brought on 18 September 2007 — Pfizer v OHIM
— Isdin (ISDIN Pediatrícs)

Action brought on 19 September 2007 — Pfizer v OHIM
— Isdin (ISDIN 14-8.000)

(Case T-355/07)

(2007/C 269/116)

(Case T-356/07)

(2007/C 269/117)

Language in which the application was lodged: English

Language in which the application was lodged: English

Parties

Parties

Applicant: Pfizer Ltd (Sandwich, United Kingdom) (represented
by: V. von Bomhard, A. Renck, T. Dolde,
lawyers, and M.
Hawkins, Solicitor)

Applicant: Pfizer Ltd (Sandwich, United Kingdom) (represented
by: V. von Bomhard, A. Renck, T. Dolde,
lawyers, and M.
Hawkins, Solicitor)

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

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

Other party to the proceedings before the Board of Appeal: Isdin, SA
(Barcelona, Spain)

Other party to the proceedings before the Board of Appeal: Isdin, SA
(Barcelona, Spain)

Form of order sought

Form of order sought

— Annul the Decision of the First Board of Appeal of the
Office for Harmonisation in the Internal Market
(Trade
Marks and Designs) of 28 June 2007 in Case R 566/2006-1;
and

— order that the costs of the proceedings be borne by the

defendant.

— Annul the Decision of the First Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) of 28 June 2007 in Case R 565/2006-1; and

— order that the costs of the proceedings be borne by the

defendant.

Pleas in law and main arguments

Pleas in law and main arguments

Registered Community trade mark subject of
the application for a
declaration of invalidity: The figurative mark ‘ISDIN Pediatrícs’ for
products in among others class 5 — Community trade mark
No 1 243 807

the application for a
Registered Community trade mark subject of
invalidity: The word mark ‘ISDIN 14-8.000’ for
declaration of
products in among others class 5 — Community trade mark
No 1 243 633

Proprietor of the Community trade mark: Isdin, SA

Proprietor of the Community trade mark: Isdin, SA

Party requesting the declaration of invalidity of the Community trade
mark: The applicant

Party requesting the declaration of invalidity of the Community trade
mark: The applicant

Trade mark right of the party requesting the declaration of invalidity:
The national word mark ‘ISTIN’ for goods in class 5

Trade mark right of the party requesting the declaration of invalidity:
The national word mark ‘ISTIN’ for goods in class 5

Decision of the Cancellation Division: Partial declaration of inva-
lidity of the Community trade mark

Decision of the Cancellation Division: Partial declaration of inva-
lidity of the Community trade mark

Decision of the Board of Appeal: Annulment of the Cancellation
Division's decision insofar as it declared the invalidity of the
Community trade mark

Decision of the Board of Appeal: Annulment of the Cancellation
Division's decision insofar as it declared the invalidity of the
Community trade mark

Pleas in law: Violation of
to be heard
pursuant to Article 73 of Council Regulation No 40/94 and
violation of Article 52 read in conjunction with Article 8(1)(b)
of the regulation.

the applicant's right

Pleas in law: Violation of
to be heard
pursuant to Article 73 of Council Regulation No 40/94 and
violation of Article 52 read in conjunction with Article 8(1)(b)
of the regulation.

the applicant's right