CELEX: 62008TN0033
Language: en
Date: 2008-01-18 00:00:00
Title: Case T-33/08: Action brought on 18 January 2008 — Bastos Viegas v OHIM — Pierre Fabre Médicament (OPDREX)

29.3.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 79/31
            
         Action brought on 18 January 2008 — Bastos Viegas v OHIM — Pierre Fabre Médicament (OPDREX)
   (Case T-33/08)
   (2008/C 79/60)
   Language in which the application was lodged: Spanish
   Parties
   
      Applicant: Bastos Viegas, AS (Penafiel, Portugal) (represented by: G. Marín Raigal and P. López Ronda, 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: Pierre Fabre Médicament, S.A.
   Form of order sought
   
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               Annul the Decision of the Fourth Board of Appeal of OHIM of 14 November 2007 (Case R 1238/2006-4) so as to dismiss the opposition lodged by Pierre Fabre and grant Community trade mark application No 2 429 249 ‘OPDREX’ (figurative) and order the opponent to pay the costs of both proceedings;
            
         
               —
            
            
               Order the defendant to bear its own costs and to pay the costs of the applicant;
            
         
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               Order the intervener to bear its own costs and to pay the costs of the applicant in these proceedings
            
         Pleas in law and main arguments
   
      Applicant for a Community trade mark: The applicant.
   
      Community trade mark concerned: Figurative mark ‘OPDREX’ (application for registration No 2 429 249, for goods in Classes 5 and 10 and services in Class 35).
   
      Proprietor of the mark or sign cited in the opposition proceedings: Pierre Fabre Médicament, S.A.
   
      Mark or sign cited in opposition: National word mark ‘OPTREX’ for goods in Class 5 (pharmaceutical goods).
   
      Decision of the Opposition Division: Upholding in part of the opposition, in respect of certain goods in Classes 5 and 10.
   
      Decision of the Board of Appeal: Annulment of the contested decision, in so far as it rejects the Community trade mark application in respect of ‘surgical apparatus and instruments’ in Class 10.
   
      Pleas in law: Incorrect application of Article 8(1)(b) of Regulation (EC) No 40/94 on the Community trade mark.