CELEX: C2006/074/45
Language: en
Date: 2006-03-25 00:00:00
Title: Case T-442/05: Action brought on  16 December 2005  — Biofarma v OHIM

25.3.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 74/23
            
         Action brought on 16 December 2005 — Biofarma v OHIM
   (Case T-442/05)
   (2006/C 74/45)
   Language in which the application was lodged: Spanish
   Parties
   
      Applicant: Biofarma (Neuilly-sur-Seine, France) (represented by: Victor Gil Vega and Antonia Ruiz López, 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: Anca Health Care Limited
   Form of order sought
   The applicant claims that the Court should:
   
               —
            
            
               annul the decision of the First Board of Appeal of OHIM of 26 September 2005 and declare that there is a likelihood of confusion between the marks CAFON and DAFLON which designate similar products;
            
         
               —
            
            
               order OHIM to pay the costs, including the fees of the applicant's representatives.
            
         Pleas in law and main arguments
   
      Applicant for a Community trade mark: Surtech International Ltd.
   
      Community trade mark concerned: word mark ‘CAFON’ for goods in Class 5 (pharmaceutical products and substances).
   
      Proprietor of the mark or sign cited in the opposition proceedings: the applicant.
   
      Mark or sign cited in opposition: word mark ‘DAFLON’ (registered in Spain, Portugal, Benelux, Austria, France and Italy) for goods in Class 5 (pharmaceutical products and substances).
   
      Decision of the Opposition Division: opposition dismissed.
   
      Decision of the Board of Appeal: application dismissed.
   
      Pleas in law: incorrect application of Article 8(1)(b) of Regulation No 40/94 on the Community trade mark.