CELEX: 62010TN0222
Language: en
Date: 2010-05-12 00:00:00
Title: Case T-222/10: Action brought on 12 May 2010 — ratiopharm v OHIM — nycomed (ZUFAL)

17.7.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 195/27
            
         Action brought on 12 May 2010 — ratiopharm v OHIM — nycomed (ZUFAL)
   (Case T-222/10)
   2010/C 195/42
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: ratiopharm GmbH (Ulm, Germany) (represented by: S. Völker, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal of OHIM: nycomed GmbH (Konstanz, Germany)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 12 March 2010 in Case R 874/2008-4;
            
         
               —
            
            
               Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs of the proceedings.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant.
   
      Community trade mark concerned: Word mark ‘ZUFAL’ for goods in Class 5.
   
      Proprietor of the mark or sign cited in the opposition proceedings: nycomed GmbH
   
      Mark or sign cited in opposition: Community word mark ‘ZURCAL’ for goods in Class 5 and three national word marks ‘ZURCAL’ for goods in Class 5.
   
      Decision of the Opposition Division: The opposition was upheld.
   
      Decision of the Board of Appeal: The appeal was dismissed.
   
      Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009, (1) since there is no likelihood of confusion between the opposing marks.
   
      (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).