Source: EURLEX
Language: en
Format: md

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| 30.12.2006 | EN | Official Journal of the European Union | C 326/81 |

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Action brought on 1 December 2006 — Angiotech Pharmaceuticals v OHIM (VASCULAR WRAP)

(Case T-342/06)

(2006/C 326/165)

Language of the case: English

Parties

Applicant: Angiotech Pharmaceuticals, Inc. (Vancouver, Canada) (represented by: T. Clark, Barrister)

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

Form of order sought

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| — | Annul decision R 751/2006-2 of the Second Board of Appeal, dated 20 September 2006, and remit the application to the Office of Harmonisation in the Internal Market to allow it to proceed; or |

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| — | in the alternative, if the Court finds that the application should only be allowed to proceed in relation to some of the goods the subject of the application, it should annul the decision of the Second Board of Appeal in relation to those goods only and remit the application to proceed before the Office in accordance with that finding; |

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| — | order that the Office pay the applicant's costs. |

Pleas in law and main arguments

Community trade mark concerned: the word mark ‘VASCULAR WRAP’ for goods and services in classes 5 and 10 (dressings, bandages, coatings, compositions and medical devices for surgical application) — application number 4220811.

Decision of the examiner: Refusal of the application

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 7(1)(b) and 7(1)(c) of Council Regulation 40/94.

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