Case T-80/08: Action brought on 19 February 2008 — CureVac v OHIM — Qiagen (RNAiFect)
Date: 2008-02-19
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), biology, therapeutics, trade-mark law

C 107/34

EN

Official Journal of the European Union

26.4.2008

Form of order sought

— Order OHIM to pay the costs

— Annul the decision of the Fourth Board of Appeal of the
Internal Market of

for Harmonisation in the
Office
12 December 2007 (Case R 1405/2007-4);

— order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Qiagen GmbH

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘RNAiFect’ for
goods in Classes 1, 5 and 9 (Application No 3 304 813)

Community
depicting
No 5 480 108).

trade mark
tweezers,

for

concerned: Three-dimensional mark
in class 8 (application

goods

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

Decision of the Examiner: Registration refused.

Decision of the Board of Appeal: Appeal dismissed.

Mark or sign cited in opposition: the word mark ‘RNActive’ for
goods in Classes 1 and 5 (Community trade mark No 2 953 768),
albeit that the opposition was brought against registration in
respect of certain goods in Classes 1 and 5

Pleas in law: Infringement of Article 7(1)(b) of Regulation (EC)
No 40/94 (1), as the mark applied for has the requisite distinc-
tive character.

Decision of the Opposition Division: Rejection of the opposition

Decision of the Board of Appeal: Dismissal of the appeal

(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 19 February 2008 — CureVac v OHIM
— Qiagen (RNAiFect)

(Case T-80/08)

(2008/C 107/57)

Language in which the application was lodged: German

Parties

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC)
No 40/94 (1) as there is a likelihood of confusion between the
opposing marks due to the identity of the goods and the simi-
larity of the marks.

(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 February 2008 — Enercon v OHIM
(E-ship)

(Case T-81/08)

(2008/C 107/58)

Language in which the application was lodged: German

Applicant: CureVac GmbH (Tübingen, Germany) (represented by:
F. von Stosch, lawyer)

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

Parties

Other party to the proceedings before the Board of Appeal of OHIM:
Qiagen GmbH (Hilden, Germany)

Form of order sought

Applicant: Enercon GmbH (Aurich, Germany)
R. Böhm, lawyer)

(represented by

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

The applicant claims that the Court should:

Form of order sought

— Annul the decision of the First Board of Appeal of the
Office for Harmonisation in the Internal Market (OHIM) of
11 December 2007 in Case R 1219/2006-1 relating to
Opposition No B 771 495;

— Annul the decision of the First Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) of 4 December 2007 (Case R 319/2007-1);

— Refuse registration of Community trade mark No 3 304 813

— order the defendant to pay the costs.