CELEX: 62013TN0324
Language: en
Date: 2013-06-17 00:00:00
Title: Case T-324/13: Action brought on 17 June 2013 — Endoceutics/OHIM — Merck (FEMIVIA)

31.8.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 252/32
            
         Action brought on 17 June 2013 — Endoceutics/OHIM — Merck (FEMIVIA)
   (Case T-324/13)
   2013/C 252/53
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Endoceutics, Inc. (Quebec, Canada) (represented by: M. Wahlin, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Merck KGaA (Darmstadt, Germany)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the Fourth Board of Appeal of the OHIM of 15 April 2013, in Case R 1021/2012-4;
            
         
               —
            
            
               Reject the opposition of the other party and allow registration of the Community trade mark applied for, namely the application for the mark FEMIVIA under application No. 9 386 343;
            
         
               —
            
            
               Order the other party to pay the applicant’s costs on the appeal and regarding the proceedings before the OHIM.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant
   
      Community trade mark concerned: The word mark ‘FEMIVIA’, for goods in class 5 — Community trade mark application No 9 386 343
   
      Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal
   
      Mark or sign cited in opposition: Community trade mark of the word mark ‘FEMIBION’, for goods in class 5 and International registration with effect in the European Union for the figurative mark in black and white ‘femibion’ for goods of classes 5 29 and 30
   
      Decision of the Opposition Division: Rejected the opposition
   
      Decision of the Board of Appeal: Annulled the contested decision and rejected the CTM application in its entirety
   
      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.