CELEX: 62012TN0106
Language: en
Date: 2012-02-29 00:00:00
Title: Case T-106/12: Action brought on 29 February 2012 — Cytochroma Development v OHIM — Teva Pharmaceutical Industries (ALPHAREN)

12.5.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 138/18
            
         Action brought on 29 February 2012 — Cytochroma Development v OHIM — Teva Pharmaceutical Industries (ALPHAREN)
   (Case T-106/12)
   2012/C 138/34
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Cytochroma Development, Inc. (St. Michael, Barbados) (represented by: S. Malynicz, Barrister and A. Smith, Solicitor)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Teva Pharmaceutical Industries Ltd (Jerusalem, Israel)
   
      Form 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 December 2011 in case R 1235/2011-1; and
            
         
               —
            
            
               Order OHIM and the other party to the proceedings before the Board of Appeal to bear their own costs and those of the applicant.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant
   
      Community trade mark concerned: The word mark ‘ALPHAREN’, for goods in class 5 — Community trade mark application No 4320297
   
      Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal
   
      Mark or sign cited in opposition: Hungarian trade mark registration No 134972 of the word mark ‘ALPHA D3’, for goods in class 5; Lithuanian trade mark registration No 20613 of the word mark ‘ALPHA D3’, for goods in class 5; Latvian trade mark registration No M30407 of the word mark ‘ALPHA D3’, for goods in class 5
   
      Decision of the Opposition Division: Upheld the opposition
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 1(d)(2) of Commission Regulation No 216/96 in that a member of the Board who took the original decision was also a member of the Board that took the new decision after referral; infringement of Article 65(6) of Council Regulation No 207/2009 and Article 1(d)(1) of Commission Regulation No 216/96 regarding the measures taken to comply with the judgment of the General Court; Infringement of Article 76(1) of Council Regulation No 207/2009 in relation to the examination of facts of its own motion in a relative grounds case; infringement of the principle of legal certainty, as well as Article 17 of the EU Charter of Fundamental Rights.