Case T-33/08: Action brought on 18 January 2008 — Bastos Viegas v OHIM — Pierre Fabre Médicament (OPDREX)
Date: 2008-01-18
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), advertising, pharmaceutical product, trade-mark law

29.3.2008

EN

Official Journal of the European Union

C 79/31

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC)
40/94 (1) and of the principles to be applied under this provi-
sion to examine whether there is a likelihood of confusion.

Proprietor of the mark or sign cited in the opposition proceedings:
Pierre Fabre Médicament, S.A.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

Action brought on 18 January 2008 — Bastos Viegas v
OHIM — Pierre Fabre Médicament (OPDREX)

(Case T-33/08)

(2008/C 79/60)

Language in which the application was lodged: Spanish

Mark or sign cited in opposition: National word mark ‘OPTREX’
for goods in Class 5 (pharmaceutical goods).

Decision of
opposition, in respect of certain goods in Classes 5 and 10.

the Opposition Division: Upholding in part of the

Decision of the Board of Appeal: Annulment of the contested deci-
sion, in so far as it rejects the Community trade mark applica-
in
tion in respect of
Class 10.

‘surgical apparatus and instruments’

Pleas in law: Incorrect application of Article 8(1)(b) of Regulation
(EC) No 40/94 on the Community trade mark.

Action brought on 21 January 2008 — Berliner Institut für
Vergleichende Sozialforschung v Commission

Parties

Applicant: Bastos Viegas, AS (Penafiel, Portugal) (represented by:
G. Marín Raigal and P. López Ronda, 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:
Pierre Fabre Médicament, S.A.

Parties

(Case T-34/08)

(2008/C 79/61)

Language of the case: German

Form of order sought

— Annul the Decision of the Fourth Board of Appeal of OHIM
of 14 November 2007 (Case R 1238/2006-4) so as to
dismiss the opposition lodged by Pierre Fabre and grant
Community trade mark application No 2 429 249
‘OPDREX’ (figurative) and order the opponent to pay the
costs of both proceedings;

— Order the defendant to bear its own costs and to pay the

costs of the applicant;

— Order the intervener to bear its own costs and to pay the

costs of the applicant in these proceedings

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant.

Community
(application for
Classes 5 and 10 and services in Class 35).

trade mark concerned: Figurative mark ‘OPDREX’
for goods in

registration No 2 429 249,

Applicant: Berliner Institut für Vergleichende Sozialforschung e.V.
(Berlin, Germany) (represented by: B. Henning, lawyer)

Defendant: Commission of the European Communities

Form of order sought

— Annul the Commission's decision of 16 November 2007
disallowing part of the applicant's costs in the context of the
‘Daphne Grant Agreement JAI/DAP/2004-2/052/W’;

— order the defendant to pay the costs.

Pleas in law and main arguments

In May 2005, the applicant and the Commission signed an
agreement on support for a project in connection with the
Daphne II programme (1). By letter of 16 November 2007, the
defendant
the
payment to the applicant that was still outstanding, in which
part of the applicant's costs were deemed to be ineligible for
support. The applicant brought the present action against that
decision.

the applicant a revised calculation of

sent