Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 21.7.2014 | EN | Official Journal of the European Union | C 235/25 |

---

Action brought on 24 April 2014 — Bionecs/OHMI — Fidia Farmaceutici (BIONECS)

(Case T-262/14)

2014/C 235/35

Language in which the application was lodged: English

Parties

Applicant: Bionecs GmbH (Munich, Germany) (represented by: M. Knitter, lawyer)

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

Other party to the proceedings before the Board of Appeal: Fidia Farmaceutici SpA (Abano Terme, Italy)

Form of order sought

The applicant claims that the Court should:

|  |  |
| --- | --- |
| — | Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 February 2014 given in Case R 1179/2013-1; |

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

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘BIONECS’ for goods and services in classes 5, 29 and 35 — Community trade mark application No 1 0 6 50  638

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

Mark or sign cited in opposition: The word mark ‘BIONECT’ for goods in class 5 registered as international trade mark under the number 7 15  915

Decision of the Opposition Division: Upheld the opposition in part

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) CTMR

---

[Top](#document1)