Case T-477/08: Action brought on 3 November 2008 — Mundipharma v OHIM — ALK-Abelló (AVANZALENE)
Date: 2008-11-03
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law

10.1.2009

EN

Official Journal of the European Union

C 6/39

Form of order sought

— Annul the Decision of the Second Board of Appeal of the
(Trade
and Designs) of 14 August 2008 in case

Office for Harmonisation in the Internal Market
Marks
R 728/2008-2, and

Community trade mark concerned: The word mark ‘AVANZALENE’
for goods in class 5 — application No 4 632 501

Proprietor of the mark or sign cited in the opposition proceedings: The
other party to the proceedings before the Board of Appeal

— Order OHIM to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘THINKING
AHEAD’ for goods and services in classes 9, 16 and 41

Decision of the examiner: Partial rejection of the application

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 7(1)(b) of Council Regu-
lation No 40/94 as the Board of Appeal erred in its finding that
the trade mark concerned is devoid of any distinctive character.

or

Mark
No 3 331 444 of the word mark ‘AVANZ’ for goods in class 5

sign cited: Community

trade mark registration

Decision of the Opposition Division: Upheld the opposition in its
entirety

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regu-
lation No 40/94 as the Board of Appeal erred in its finding that
there is a likelihood of confusion between the trade marks
concerned.

Action brought on 3 November 2008 — Mundipharma v
OHIM — ALK-Abelló (AVANZALENE)

(Case T-477/08)

(2009/C 6/77)

Action brought on 10 November 2008 — adidas v OHIM
— Patrick Holding (Representation of a shoe with two
stripes)

(Case T-479/08)

(2009/C 6/78)

Language in which the application was lodged: English

Language in which the application was lodged: English

Parties

Parties

Applicant: Mundipharma AG (Basel, Switzerland)
by: F. Nielsen, lawyer)

(represented

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

Other party to the proceedings before the Board of Appeal: ALK-
Abelló A/S (Hørsholm, Denmark)

Form of order sought

— Revoke the decision of the Fourth Board of Appeal of the
(Trade
and Designs) of 28 August 2008 in case

Office for Harmonisation in the Internal Market
Marks
R 1694/2007-4; and

— Order OHIM to pay the costs.

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Applicant: adidas AG (Herzogenaurach, Germany)
by: V. von Bomhard, A. Renck lawyers and I. Fowler, Solicitor)

(represented

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

Other party to the proceedings before the Board of Appeal: Patrick
Holding ApS (Fredensborg, Denmark)

Form of order sought

— Annul the decision of the Second Board of Appeal of the
(Trade
and Designs) of 27 August 2008 in case

Office for Harmonisation in the Internal Market
Marks
R 849/2007-2; and

— Order the defendant to bear the costs, or, in the event that
the other party to the proceedings before the Board of
Appeal intervenes on the side of the defendant, order both
parties to bear jointly the costs.