Source: EURLEX
Language: en
Format: md

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| 26.5.2007 | EN | Official Journal of the European Union | C 117/32 |

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Action brought on 30 March 2007 — Aventis Pharma v OHIM — Altana Pharma (PRAZOL)

(Case T-95/07)

(2007/C 117/51)

Language in which the application was lodged: English

Parties

Applicant: Aventis Pharma SA (Antony, France) (represented by: R. Gilbey, lawyer)

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

Other party to the proceedings before the Board of Appeal: Altana Pharma AG (Konstanz, Germany)

Form of order sought

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| — | Annul the decision of the Fourth Board of Appeal OHIM dated 8 February 2007 Case R 302/2005-4 and confirm the decision of the Opposition Division of 26 January 2005; |

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| — | order the Office for Harmonisation in the Internal Market to bear the costs of the appellant in the present instance. |

Pleas in law and main arguments

Applicant for the Community trade mark: Altana Pharma AG

Community trade mark concerned: The word mark ‘PRAZOL ’for goods in class 5 — application No 1 154 269

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

Mark or sign cited: The national word mark ‘PREZAL ’for goods in class 5

Decision of the Opposition Division: Opposition upheld

Decision of the Board of Appeal: Annulment of the Opposition Division's decision and rejection of the opposition

Pleas in law: The Board of Appeal failed to compare the marks globally taking all relevant factors into account.

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