Source: EURLEX
Language: en
Format: md

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| 22.6.2015 | EN | Official Journal of the European Union | C 205/40 |

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Action brought on 23 April 2015 — Novartis v OHIM — Meda (Zymara)

(Case T-214/15)

(2015/C 205/53)

Language in which the application was lodged: English

Parties

Applicant: Novartis AG (Basel, Switzerland) (represented by: M. Douglas, lawyer)

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

Other party to the proceedings before the Board of Appeal: Meda AB (Solna, Sweden)

Details of the proceedings before OHIM

Applicant: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Community word mark ‘Zymara’ — Application for registration No 9 982 745

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of OHIM of 6 February 2015 in Case R 550/2014-5

Form of order sought

The applicant claims that the Court should:

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| — | Annul the contested decision; |

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| — | Order OHIM to pay the costs. |

Pleas in law

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| — | The Board of Appeal has misinterpreted the goods which are ‘pharmaceutical preparations, namely preparations for the treatment of cancer’; |

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| — | The Board of Appeal has incorrectly based its decision on spelling rules which are not existing; |

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| — | The Board of Appeal has ignored arguments put forward with respect to the comparison of signs and, therefore, incorrectly held that the signs are phonetically similar only to a low degree; |

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| — | The Board of Appeal has put too much wait on the word beginnings within the visual comparison. |

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