Source: EURLEX
Language: en
Format: md

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| 4.7.2009 | EN | Official Journal of the European Union | C 153/35 |

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Judgment of the Court of First Instance of 7 May 2009 — Omnicare v OHIM

(Case T-277/06)[(1)](#ntr1-C_2009153EN.01003502-E0001)

(Community trade mark - Opposition proceedings - Application for Community word mark OMNICARE - Earlier national figurative mark OMNICARE - Refusal of an application for restitutio in integrum)

2009/C 153/67

Language of the case: English

Parties

Applicant: Omnicare, Inc. (Covington, Kentucky, United States) (represented initially by M. Edenborough, Barrister, and O. Patterson, Solicitor, and subsequently by M. Edenborough)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by S. Laitinen, and subsequently by G. Schneider, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court of First Instance: Astellas Pharma GmbH (Munich, Germany) (represented by: A. Franke, lawyer)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 24 July 2006 (Case R 446/2006-2), concerning opposition proceedings between Yamanouchi Pharma GmbH and Omnicare, Inc. and rejecting the application for restitutio in integrum brought by the latter.

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 24 July 2006 (Case R 446/2006-2); |

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| 2. | Orders OHIM to bear its own costs and to pay the costs incurred by Omnicare, Inc.; |

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| 3. | Orders Astellas Pharma GmbH to bear its own costs. |

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