CELEX: 62012TN0493
Language: en
Date: 2012-11-14 00:00:00
Title: Case T-493/12: Action brought on 14 November 2012 — Sanofi v OHIM — GP Pharm (GEPRAL)

26.1.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 26/56
            
         Action brought on 14 November 2012 — Sanofi v OHIM — GP Pharm (GEPRAL)
   (Case T-493/12)
   2013/C 26/113
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Sanofi (Paris, France) (represented by: C. Hertz-Eichenrode, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: GP Pharm, SA (Sant Quinti de Mediona, Spain)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 5 September 2012 in case R 201/2012-2; and
            
         
               —
            
            
               Order OHIM to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal
   
      Community trade mark concerned: The word mark ‘GEPRAL’, for goods in class 5 — International Registration No 1010832 designating the European Union
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited in opposition: International registration No 418607, with effect in Austria of the word mark ‘DELPRAL’, for goods in class 5
   
      Decision of the Opposition Division: Allowed the opposition in its entirety
   
      Decision of the Board of Appeal: Upheld the appeal and allowed the International registration to proceed in its entirety
   
      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.