Source: EURLEX
Language: en
Format: md

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| 29.1.2011 | EN | Official Journal of the European Union | C 30/46 |

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Action brought on 23 November 2010 — Kessel v OHIM — Janssen-Cilag (Premeno)

(Case T-536/10)

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2011/C 30/83

Language in which the application was lodged: German

Parties

Applicant: Kessel Marketing & Vertriebs GmbH (Mörfelden-Walldorf, Germany) (represented by: S. Bund, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Janssen-Cilag GmbH (Neuss, Germany)

Form of order sought

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| — | Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 21 September 2010 in Case R 708/2010-4; |

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| — | Order the defendant and the intervener, in accordance with Article 87(2) and (5) of the Rules of Procedure of the General Court, to pay the costs. |

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant

Community trade mark concerned: the word mark ‘Premeno’ for goods in Class 5

Proprietor of the mark or sign cited in the opposition proceedings: Janssen-Cilag GmbH

Mark or sign cited in opposition: the German word mark ‘Pramino’ for goods in Class 5

Decision of the Opposition Division: opposition upheld

Decision of the Board of Appeal: appeal dismissed

Pleas in law: Infringement of Article 42(2) and (3) of Regulation (EC) No 207/2009[(1)](#ntr1-C_2011030EN.01004601-E0001), as there is insufficient proof of use of the opposing trade mark and infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 as there is no likelihood of confusion of the marks at issue.

The applicant also submits that the restriction of the list of goods and services is admissible.

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