CELEX: C2006/237/22
Language: en
Date: 2006-09-30 00:00:00
Title: Case T-218/06: Action brought on 16 August 2006 — Neurim Pharmaceuticals (1991) v OHIM — Eurim-Pharm Arzneimittel (Neurim PHARMACEUTICALS)

30.9.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 237/12
            
         Action brought on 16 August 2006 — Neurim Pharmaceuticals (1991) v OHIM — Eurim-Pharm Arzneimittel (Neurim PHARMACEUTICALS)
   (Case T-218/06)
   (2006/C 237/22)
   Language in which the application was lodged: German
   Parties
   
      Applicant: Neurim Pharmaceuticals (1991) Ltd (Tel Aviv, Israel) (represented by: M. Kinkeldey, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Eurim-Pharm Arzneimittel GmbH
   Forms 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 2 June 2006 — Appeal number R 74/2006-1 — in its entirety;
            
         
               —
            
            
               order the defendant to pay the costs.
            
         Pleas in law and main arguments
   
      Applicant for a Community trade mark: The applicant.
   
      Community trade mark concerned: The figurative mark ‘Neurim PHARMACEUTICALS’ for goods in Classes 5 and 10.
   
      Proprietor of the mark or sign cited in the opposition proceedings: Eurim-Pharm Arzneimittel GmbH.
   
      Mark or sign cited in opposition: The word mark ‘EURIM-PHARM’ (Community trade mark No 667 899 and national mark) and the trade mark right for ‘Eurim-Pharm GmbH’ for goods in Class 5.
   
      Decision of the Opposition Division: Grant of the opposition and refusal of the application.
   
      Decision of the Board of Appeal: Dismissal of the appeal as inadmissible.
   
      Pleas in law: Infringement of Article 59 of Regulation (EC) No 40/94 (1) and Rules 48, 49 and 96 of Regulation (EC) No 2868/95 (2), infringement of Article 78 and Article 78a of Regulation No 40/94 and infringement of the principle by which OHIM is bound by its own decisions and the principle of proportionality.
   
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).
   
      (2)  Commission Regulation (EC) No 2868/95 of 13 December 1995 implementing Council Regulation (EC) No 40/94 on the Community trade mark (OJ 1995 L 303, p. 1).