Source: EURLEX
Language: en
Format: md

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| 7.1.2012 | EN | Official Journal of the European Union | C 6/22 |

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Action brought on 31 October 2011 — Nycomed v OHIM — Bayer Consumer Care (ALEVIAN DUO)

(Case T-561/11)

2012/C 6/40

Language in which the application was lodged: English

Parties

Applicant: Nycomed GmbH (Konstanz, Germany) (represented by: A. Ferchland, lawyer)

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

Other party to the proceedings before the Board of Appeal: Bayer Consumer Care AG (Basel, Switzerland)

Form of order sought

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| — | Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 21 July 2011 in case R 1953/2010-1, and dismiss the opposition; and |

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| — | Order the opponent to bear the costs and fees of both the proceedings before the Opposition Division and the appeal proceedings. |

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘ALEVIAN DUO’, for goods in class 5 — Community trade mark application No 6303201

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: Community trade mark registration No 786863 of the word mark ‘ALEVE’, for goods in class 5

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Annulled the decision of the Opposition Division

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal wrongly assessed the existence of likelihood of confusion between the opposing marks.

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