Source: EURLEX
Language: en
Format: md

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| 26.1.2013 | EN | Official Journal of the European Union | C 26/56 |

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Action brought on 14 November 2012 — Sanofi v OHIM — GP Pharm (GEPRAL)

(Case T-493/12)

2013/C 26/113

Language in which the application was lodged: English

Parties

Applicant: Sanofi (Paris, France) (represented by: C. Hertz-Eichenrode, lawyer)

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

Other party to the proceedings before the Board of Appeal: GP Pharm, SA (Sant Quinti de Mediona, Spain)

Form of order sought

The applicant claims that the Court should:

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| — | Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 5 September 2012 in case R 201/2012-2; and |

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| — | Order OHIM to pay the costs. |

Pleas in law and main arguments

Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The word mark ‘GEPRAL’, for goods in class 5 — International Registration No 1010832 designating the European Union

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

Mark or sign cited in opposition: International registration No 418607, with effect in Austria of the word mark ‘DELPRAL’, for goods in class 5

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

Decision of the Board of Appeal: Upheld the appeal and allowed the International registration to proceed in its entirety

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.

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