Source: EURLEX
Language: en
Format: md

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| 26.1.2015 | EN | Official Journal of the European Union | C 26/25 |

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Judgment of the General Court of 2 December 2014 — Boehringer Ingelheim Pharma v OHIM — Nepentes Pharma (Momarid)

(Case T-75/13)[(1)](#ntr1-C_2015026EN.01002502-E0001)

((Community trade mark - Opposition proceedings - Application for the Community word mark Momarid - Earlier Community word mark LONARID - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Relevant public - Obligation to state reasons - Article 75 of Regulation No 207/2009))

(2015/C 026/30)

Language of the case: English

Parties

Applicant: Boehringer Ingelheim Pharma GmbH & Co. KG (Ingelheim, Germany) (represented initially by: V. von Bomhard and D. Slopek, and subsequently by V. von Bomhard, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: L. Rampini, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Nepentes Pharma sp. z o.o. (Warsaw, Poland) (represented by: C. Bercial Arias, K. Dimidjian-Lecompte and C. Casalonga, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 28 November 2012 (Case R 2292/2011-4), relating to opposition proceedings between Boehringer Ingelheim Pharma GmbH & Co. KG and Nepentes S.A.

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 28 November 2012 (Case R 2292/2011-4) as regards ‘chemicals for pharmaceutical use’; |

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| 2. | Dismisses the action as to the remainder; |

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| 3. | Orders each party to bear its own costs. |

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