CELEX: C2007/117/51
Language: en
Date: 2007-05-26 00:00:00
Title: Case T-95/07: Action brought on 30 March 2007 — Aventis Pharma v OHIM — Altana Pharma (PRAZOL)

26.5.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 117/32
            
         Action brought on 30 March 2007 — Aventis Pharma v OHIM — Altana Pharma (PRAZOL)
   (Case T-95/07)
   (2007/C 117/51)
   Language in which the application was lodged: English
   Parties
   
      Applicant: Aventis Pharma SA (Antony, France) (represented by: R. Gilbey, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Altana Pharma AG (Konstanz, Germany)
   Form of order sought
   
               —
            
            
               Annul the decision of the Fourth Board of Appeal OHIM dated 8 February 2007 Case R 302/2005-4 and confirm the decision of the Opposition Division of 26 January 2005;
            
         
               —
            
            
               order the Office for Harmonisation in the Internal Market to bear the costs of the appellant in the present instance.
            
         Pleas in law and main arguments
   
      Applicant for the Community trade mark: Altana Pharma AG
   
      Community trade mark concerned: The word mark ‘PRAZOL ’for goods in class 5 — application No 1 154 269
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited: The national word mark ‘PREZAL ’for goods in class 5
   
      Decision of the Opposition Division: Opposition upheld
   
      Decision of the Board of Appeal: Annulment of the Opposition Division's decision and rejection of the opposition
   
      Pleas in law: The Board of Appeal failed to compare the marks globally taking all relevant factors into account.