CELEX: 62008TN0080
Language: en
Date: 2008-02-19 00:00:00
Title: Case T-80/08: Action brought on 19 February 2008 — CureVac v OHIM — Qiagen (RNAiFect)

26.4.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 107/34
            
         Action brought on 19 February 2008 — CureVac v OHIM — Qiagen (RNAiFect)
   (Case T-80/08)
   (2008/C 107/57)
   Language in which the application was lodged: German
   Parties
   
      Applicant: CureVac GmbH (Tübingen, Germany) (represented by: F. von Stosch, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
   
      Other party to the proceedings before the Board of Appeal of OHIM: Qiagen GmbH (Hilden, Germany)
   Form of order sought
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 11 December 2007 in Case R 1219/2006-1 relating to Opposition No B 771 495;
            
         
               —
            
            
               Refuse registration of Community trade mark No 3 304 813
            
         
               —
            
            
               Order OHIM to pay the costs
            
         Pleas in law and main arguments
   
      Applicant for a Community trade mark: Qiagen GmbH
   
      Community trade mark concerned: The word mark ‘RNAiFect’ for goods in Classes 1, 5 and 9 (Application No 3 304 813)
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited in opposition: the word mark ‘RNActive’ for goods in Classes 1 and 5 (Community trade mark No 2 953 768), albeit that the opposition was brought against registration in respect of certain goods in Classes 1 and 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 40/94 (1) as there is a likelihood of confusion between the opposing marks due to the identity of the goods and the similarity of the marks.
   
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).