CELEX: 62009TN0492
Language: en
Date: 2009-12-07 00:00:00
Title: Case T-492/09: Action brought on 7 December 2009 — MEDA Pharma v OHIM — Nycomed (ALLERNIL)

13.2.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 37/44
            
         Action brought on 7 December 2009 — MEDA Pharma v OHIM — Nycomed (ALLERNIL)
   (Case T-492/09)
   2010/C 37/63
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: MEDA Pharma GmbH & Co KG (Bad Homburg, Germany) (represented by: G. Würtenberger and R. Kunze, 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: Nycomed GmbH (Konstanz, Germany)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the Fourth Board of Appeal of 29 September 2009 in appeal proceedings R 1386/2007-4 concerning the objection lodged on the basis of the German trade mark No 1 042 583‘ALLERGODIL’ against the European part of the international registration 845 934‘ALLERNIL’;
            
         
               —
            
            
               Order the defendant to pay the costs of the proceedings.
            
         
      Pleas in law and main arguments
   
   
      Applicant for extension of protection: Nycomed GmbH
   
      Trade mark for which an extension of protection is sought: the word mark ‘ALLERNIL’ for goods in Class 5 (international registration No 845 934, naming the European Community)
   
      Proprietor of the mark cited in opposition proceedings: the applicant
   
      Mark cited in opposition: the German word mark No 1 042 583‘ALLERGODIL’ for goods in Class 5
   
      Decision of the Cancellation Division: Rejection of the opposition
   
      Decision of the Board of Appeal: Dismissal of the appeal
   Pleas in law:
   
               —
            
            
               Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009, (1) since the principles of trade mark law relating to the likelihood of confusion were not correctly applied;
            
         
               —
            
            
               Infringement of Article 75 of Regulation No 207/2009 owing to deficiencies in the reasoning of the contested decision.
            
         
      (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1)