Source: EURLEX
Language: en
Format: md

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| 17.7.2010 | EN | Official Journal of the European Union | C 195/27 |

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Action brought on 12 May 2010 — ratiopharm v OHIM — nycomed (ZUFAL)

(Case T-222/10)

2010/C 195/42

Language in which the application was lodged: German

Parties

Applicant: ratiopharm GmbH (Ulm, Germany) (represented by: S. Völker, 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: nycomed GmbH (Konstanz, 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 12 March 2010 in Case R 874/2008-4; |

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| — | Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs of the proceedings. |

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant.

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

Proprietor of the mark or sign cited in the opposition proceedings: nycomed GmbH

Mark or sign cited in opposition: Community word mark ‘ZURCAL’ for goods in Class 5 and three national word marks ‘ZURCAL’ for goods in Class 5.

Decision of the Opposition Division: The opposition was upheld.

Decision of the Board of Appeal: The appeal was dismissed.

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009,[(1)](#ntr1-C_2010195EN.01002701-E0001) since there is no likelihood of confusion between the opposing marks.

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