CELEX: 62012TN0328
Language: en
Date: 2012-07-24 00:00:00
Title: Case T-328/12: Action brought on 24 July 2012 — Mundipharma v OHIM — AFP Pharmaceuticals (Maxigesic)

22.9.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 287/34
            
         Action brought on 24 July 2012 — Mundipharma v OHIM — AFP Pharmaceuticals (Maxigesic)
   (Case T-328/12)
   2012/C 287/63
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Mundipharma GmbH (Limburg an der Lahn, Germany) (represented by: F. Nielsen, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: AFP Pharmaceuticals Ltd (Takapuna, New Zealand)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 23 May 2012 in Case R 1788/2010-4;
            
         
               —
            
            
               order the defendant to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: AFP Pharmaceuticals Ltd
   
      Community trade mark concerned: the word mark ‘Maxigesic’ for goods in Class 5 — Community trade mark application No 7 056 104
   
      Proprietor of the mark or sign cited in the opposition proceedings: the applicant
   
      Mark or sign cited in opposition: the word mark ‘OXYGESIC’ for goods in Class 5
   
      Decision of the Opposition Division: the opposition was upheld
   
      Decision of the Board of Appeal: the appeal was upheld and the opposition was rejected
   
      Pleas in law: infringement of Article 8(1)(b) of Regulation (EC) No 207/2009