CELEX: 62011TN0100
Language: en
Date: 2011-02-17 00:00:00
Title: Case T-100/11: Action brought on 17 February 2011 — MSE Pharmazeutika v OHIM — Merck Sharp & Dohme (SINAMIT)

14.5.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 145/28
            
         Action brought on 17 February 2011 — MSE Pharmazeutika v OHIM — Merck Sharp & Dohme (SINAMIT)
   (Case T-100/11)
   2011/C 145/48
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: MSE Pharmazeutika GmbH (Bad Homburg, Germany) (represented by: T. Büttner, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Merck Sharp & Dohme Corp. (New Jersey, USA)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 9 December 2010 in case R 724/2010-1;
            
         
               —
            
            
               Annul the decision of the Opposition Division of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 3 March 2010, which upheld opposition No B 1441684.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant
   
      Community trade mark concerned: The word mark ‘SINAMIT’, for goods in classes 3, 5 and 32 — Community trade mark application No 951596
   
      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 in opposition: Austrian trade mark registration No 57446 of the word mark ‘SINEMET’, for goods in class 5; Benelux trade mark registration No 320194 of the word mark ‘SINEMET’, for goods in class 5; Danish trade mark registration No VR197302373 of the word mark ‘SINEMET’, for goods in class 5; Finish trade mark registration No 49091 of the word mark ‘SINEMET’, for goods in class 5; Greek trade mark registration No 34959 of the word mark SINEMET, for goods in class 5; Hungarian trade mark registration No 116223 of the word mark ‘SINEMET’, for goods in class 5; Latvian trade mark registration No M18257 of the word mark ‘SINEMET’, for goods in class 5; Lithuanian trade mark registration No 12963 of the word mark ‘SINEMET’, for goods in class 5
   
      Decision of the Opposition Division: Upheld the opposition for part of the contested goods
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal wrongly found that there was likelihood of confusion between the conflicting marks, assuming a high similarity of the marks on the one side and an identity and similarity of the goods covered by the trademarks on the other side.