Source: EURLEX
Language: en
Format: md

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| 10.3.2007 | EN | Official Journal of the European Union | C 56/34 |

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Action brought on 2 January 2007 — Galderma v OHIM — Lelas (Nanolat)

(Case T-6/07)

(2007/C 56/64)

Language in which the application was lodged: German

Parties

Applicant: Galderma SA (Cham, Switzerland) (represented by N. Hebeis, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Tihomir Lelas

Form of order sought

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| — | annul the decision of the Fourth Board of Appeal of 25 October 2006 in Case R 0146/2006-4 in so far as the opposition against the goods ‘Pharmaceuticals; pharmaceutical and veterinary products and preparations for health care; soaps; cosmetics and hair lotions’ was rejected; |

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| — | refuse Community trade mark application 003088986 NANOLAT for the goods mentioned above; |

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| — | order OHIM to pay the costs. |

Pleas in law and main arguments

Applicant for a Community trade mark: Tihomir Lelas

Community trade mark concerned: Word mark Nanolat for goods in Classes 1, 3 and 5 (application No 3 088 986)

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

Mark or sign cited in opposition: German word mark TANNOLACT for goods in Class 5

Decision of the Opposition Division: Opposition rejected

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94,[(1)](#ntr1-C_2007056EN.01003401-E0001) as there is a likelihood of confusion between the opposing marks

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