Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 4.2.2012 | EN | Official Journal of the European Union | C 32/31 |

---

Action brought on 29 November 2011 — Novartis v OHIM — Organic (BIOCERT)

(Case T-605/11)

2012/C 32/65

Language in which the application was lodged: English

Parties

Applicant: Novartis AG (Basel, Switzerland) (represented by: M. Douglas, lawyer)

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

Other party to the proceedings before the Board of Appeal: Dr. Organic Ltd (Swansea, United Kingdom)

Form of order sought

|  |  |
| --- | --- |
| — | Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 28 September 2011 in case R 1030/2010-4; and |

|  |  |
| --- | --- |
| — | Order the defendant to bear the costs of the proceedings. |

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 ‘BIOCERT’, for goods and services in classes 3, 4, 5, 29, 30, 31, 32, 35 and 44 — Community trade mark application No 7134984

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

Mark or sign cited in opposition: Austrian trade mark registration No 136273 of the word mark ‘BIOCEF’, for goods in class 5

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

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 8(1)(b) and 76(1) of Council Regulation No 207/2009, as the Board of Appeal: (i) misinterpreted general principles laid down by the European courts and wrongly concluded that there is no likelihood of confusion between ‘BIOCEF’ and ‘BIOCERT’; and (ii) wrongly based its decision on facts which have not been forwarded by the parties of the proceedings.

---

[Top](#document1)