Source: EURLEX
Language: en
Format: md

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| 30.9.2006 | EN | Official Journal of the European Union | C 237/12 |

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Action brought on 16 August 2006 — Neurim Pharmaceuticals (1991) v OHIM — Eurim-Pharm Arzneimittel (Neurim PHARMACEUTICALS)

(Case T-218/06)

(2006/C 237/22)

Language in which the application was lodged: German

Parties

Applicant: Neurim Pharmaceuticals (1991) Ltd (Tel Aviv, Israel) (represented by: M. Kinkeldey, lawyer)

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

Other party to the proceedings before the Board of Appeal: Eurim-Pharm Arzneimittel GmbH

Forms 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 2 June 2006 — Appeal number R 74/2006-1 — in its entirety; |

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| — | order the defendant to pay the costs. |

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant.

Community trade mark concerned: The figurative mark ‘Neurim PHARMACEUTICALS’ for goods in Classes 5 and 10.

Proprietor of the mark or sign cited in the opposition proceedings: Eurim-Pharm Arzneimittel GmbH.

Mark or sign cited in opposition: The word mark ‘EURIM-PHARM’ (Community trade mark No 667 899 and national mark) and the trade mark right for ‘Eurim-Pharm GmbH’ for goods in Class 5.

Decision of the Opposition Division: Grant of the opposition and refusal of the application.

Decision of the Board of Appeal: Dismissal of the appeal as inadmissible.

Pleas in law: Infringement of Article 59 of Regulation (EC) No 40/94[(1)](#ntr1-C_2006237EN.01001202-E0001) and Rules 48, 49 and 96 of Regulation (EC) No 2868/95[(2)](#ntr2-C_2006237EN.01001202-E0002), infringement of Article 78 and Article 78a of Regulation No 40/94 and infringement of the principle by which OHIM is bound by its own decisions and the principle of proportionality.

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