CELEX: 62012TN0501
Language: en
Date: 2012-11-19 00:00:00
Title: Case T-501/12: Action brought on 19 November 2012 — Farmaceutisk Laboratorium Ferring v OHIM — Tillotts Pharma (OCTASA)

26.1.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 26/61
            
         Action brought on 19 November 2012 — Farmaceutisk Laboratorium Ferring v OHIM — Tillotts Pharma (OCTASA)
   (Case T-501/12)
   2013/C 26/121
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Farmaceutisk Laboratorium Ferring A/S (Copenhagen, Denmark) (represented by: I. Fowler, Solicitor, A. Renck and J. Fuhrmann, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Tillotts Pharma AG (Ziefen, Switzerland)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 September 2012 in case R 1214/2011-4; and.
            
         
               —
            
            
               Order that the costs of the proceedings be borne by the Defendant, or — in the event that the other party to the proceedings before the Board of Appeal intervenes on the side of the Defendant — that they be borne jointly by the Defendant and the Intervener.
            
         
      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 ‘OCTASA’, for goods in class 5 — Community trade mark application No 8169881
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited in opposition: Austrian trade mark registration No 102370 for the word mark ‘PENTASA’, for among others goods in class 5; Hungarian trade mark registration No 136836 for the word mark ‘PENTASA’, for goods in class 5; Italian trade mark registration No 40977 C/81 for the word mark ‘PENTASA’, for among others goods in class 5; Polish trade mark registration No 71634 for the word mark ‘PENTASA’, for goods in class 5; Slovak trade mark registration No 175482 for the word mark ‘PENTASA’, for goods in class 5; Swedish trade mark registration No 173377 for the word mark ‘PENTASA’, for among others goods in class 5; French trade mark registration No 1699236 for the word mark ‘PENTASA’, for among others goods in class 5; Irish trade mark registration No 107207 for the word mark ‘PENTASA’, for goods in class 5; Czech trade mark registration No 182567 for the word mark ‘PENTASA’, for goods in class 5
   
      Decision of the Opposition Division: Rejected the opposition in its entirety
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Articles 8(1)(b) and 8(5) of Council Regulation No 207/2009.