Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 5.6.2010 | EN | Official Journal of the European Union | C 148/40 |

---

Action brought on 30 March 2010 — Meda Pharma v OHIM — Nycomed (ALLERNIL)

(Case T-147/10)

2010/C 148/68

Language in which the application was lodged: German

Parties

Applicant: Meda Pharma GmbH & Co. KG (Bad Homburg, Germany) (represented by: G. Würtenberger and R. Kunze, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Nycomed GmbH (Konstanz, Germany)

Form of order sought

|  |  |
| --- | --- |
| — | Annul the decision of the Fourth Board of Appeal of 29 September 2009 in Case R 697/2007-4 concerning the opposition filed on the basis of German mark No 1 042 583‘ALLERGODIL’ against application No 4 066 452 for the Community trade mark ‘ALLERNIL’; |

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

Pleas in law and main arguments

Applicant for a Community trade mark: Nycomed GmbH

Community trade mark concerned: Word mark ‘ALLERNIL’ for goods in Class 5

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

Mark or sign cited in opposition: German word mark No 1 042 583‘ALLERGODIL’ for goods in Class 5

Decision of the Opposition Division: Rejection of the opposition

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law:

|  |  |
| --- | --- |
| — | Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009,[(1)](#ntr1-C_2010148EN.01004002-E0001) since the trade mark law principles of likelihood of confusion were not correctly applied |

|  |  |
| --- | --- |
| — | Infringement of Article 75 of Regulation No 207/2009 due to breach of the duty to give reasons |

---

[Top](#document1)