Source: EURLEX
Language: en
Format: md

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| 25.3.2006 | EN | Official Journal of the European Union | C 74/23 |

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Action brought on 16 December 2005 — Biofarma v OHIM

(Case T-442/05)

(2006/C 74/45)

Language in which the application was lodged: Spanish

Parties

Applicant: Biofarma (Neuilly-sur-Seine, France) (represented by: Victor Gil Vega and Antonia Ruiz López, 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: Anca Health Care Limited

Form of order sought

The applicant claims that the Court should:

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| — | annul the decision of the First Board of Appeal of OHIM of 26 September 2005 and declare that there is a likelihood of confusion between the marks CAFON and DAFLON which designate similar products; |

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| — | order OHIM to pay the costs, including the fees of the applicant's representatives. |

Pleas in law and main arguments

Applicant for a Community trade mark: Surtech International Ltd.

Community trade mark concerned: word mark ‘CAFON’ for goods in Class 5 (pharmaceutical products and substances).

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

Mark or sign cited in opposition: word mark ‘DAFLON’ (registered in Spain, Portugal, Benelux, Austria, France and Italy) for goods in Class 5 (pharmaceutical products and substances).

Decision of the Opposition Division: opposition dismissed.

Decision of the Board of Appeal: application dismissed.

Pleas in law: incorrect application of Article 8(1)(b) of Regulation No 40/94 on the Community trade mark.

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