CELEX: C2007/056/58
Language: en
Date: 2007-03-10 00:00:00
Title: Case T-368/06: Action brought on 8 December 2006 — Rath v OHIM — Sanorell Pharma (Immunocell)

10.3.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 56/29
            
         Action brought on 8 December 2006 — Rath v OHIM — Sanorell Pharma (Immunocell)
   (Case T-368/06)
   (2007/C 56/58)
   Language in which the application was lodged: German
   Parties
   
      Applicant: Matthias Rath (Cape Town, South Africa) (represented by: S. Ziegler, C. Kleiner and F. Dehn, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal of OHIM: Sanorell Pharma GmbH & Co.
   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) (OHIM) of 3 October 2006;
            
         
               —
            
            
               Order OHIM 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: The word mark ‘Immunocell’ for goods and services in Classes 5, 16 and 41 (Registration No 1 065 903).
   
      Proprietor of the mark or sign cited in the opposition proceedings: Sanorell Pharma GmbH & Co.
   
      Mark or sign cited in opposition: The word mark ‘IMMUNORELL’ for goods in Class 5 (Community trade mark No 808 014), the opposition being brought only against the registration in Class 5.
   
      Decision of the Opposition Division: Opposition granted, partial rejection of the application.
   
      Decision of the Board of Appeal: Dismissal of the appeal.
   
      Pleas in law: The contested decision infringes Article 8(1)(b) of Regulation (EC) No 40/94 (1) since there is no likelihood of confusion between the opposing marks.
   
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ L 11, 1994, p. 1).