CELEX: 62012TN0284
Language: en
Date: 2012-06-29 00:00:00
Title: Case T-284/12: Action brought on 29 June 2012 — Oro Clean Chemie v OHIM — Merz Pharma (PROSEPT)

25.8.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 258/25
            
         Action brought on 29 June 2012 — Oro Clean Chemie v OHIM — Merz Pharma (PROSEPT)
   (Case T-284/12)
   2012/C 258/47
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Oro Clean Chemie AG (Fehraltorf, Switzerland) (represented by: F. Ekey, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Merz Pharma GmbH & Co. KGaA (Frankfurt am Main, Germany)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
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               annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 29 March 2012 in Case R 1053/2011-1;
            
         
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               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 word mark ‘PROSEPT’ for goods in Class 5 — Community trade mark application No 8 353 245
   
      Proprietor of the mark or sign cited in the opposition proceedings: Merz Pharma GmbH & Co. KGaA
   
      Mark or sign cited in opposition: the national word mark ‘Pursept’ 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:
   
   
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               Infringement of the second sentence of Article 75 and Article 76(1) of Regulation No 207/2009
            
         
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               Infringement of Article 8(1)(b) of Regulation No 207/2009