CELEX: 62010TN0147
Language: en
Date: 2010-03-30 00:00:00
Title: Case T-147/10: Action brought on 30 March 2010 — Meda Pharma v OHIM — Nycomed (ALLERNIL)

5.6.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 148/40
            
         Action brought on 30 March 2010 — Meda Pharma v OHIM — Nycomed (ALLERNIL)
   (Case T-147/10)
   2010/C 148/68
   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 Case R 697/2007-4 concerning the opposition filed on the basis of German mark No 1 042 583‘ALLERGODIL’ against application No 4 066 452 for the Community trade mark ‘ALLERNIL’;
            
         
               —
            
            
               Order the defendant to pay the costs of the proceedings.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: Nycomed GmbH
   
      Community trade mark concerned: Word mark ‘ALLERNIL’ for goods in Class 5
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited in opposition: German word mark No 1 042 583‘ALLERGODIL’ for goods in Class 5
   
      Decision of the Opposition 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 trade mark law principles of likelihood of confusion were not correctly applied
            
         
               —
            
            
               Infringement of Article 75 of Regulation No 207/2009 due to breach of the duty to give reasons
            
         
      (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).