Source: EURLEX
Language: en
Format: md

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| 10.1.2009 | EN | Official Journal of the European Union | C 6/39 |

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Action brought on 3 November 2008 — Mundipharma v OHIM — ALK-Abelló (AVANZALENE)

(Case T-477/08)

(2009/C 6/77)

Language in which the application was lodged: English

Parties

Applicant: Mundipharma AG (Basel, Switzerland) (represented by: F. Nielsen, lawyer)

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

Other party to the proceedings before the Board of Appeal: ALK-Abelló A/S (Hørsholm, Denmark)

Form of order sought

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| — | Revoke the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 28 August 2008 in case R 1694/2007-4; and |

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| — | Order OHIM to pay the costs. |

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The word mark ‘AVANZALENE’ for goods in class 5 — application No 4 632 501

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited: Community trade mark registration No 3 331 444 of the word mark ‘AVANZ’ for goods in class 5

Decision of the Opposition Division: Upheld the opposition in its entirety

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 40/94 as the Board of Appeal erred in its finding that there is a likelihood of confusion between the trade marks concerned.

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