CELEX: C2004/273/69
Language: en
Date: 2004-11-06 00:00:00
Title: Case T-356/04: Action brought on 27 August 2004 by SmithKline Beecham p.l.c. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

6.11.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 273/36
            
         Action brought on 27 August 2004 by SmithKline Beecham p.l.c. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   (Case T-356/04)
   (2004/C 273/69)
   Language in which the application was lodged: English
   An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) was brought before the Court of First Instance of the European Communities on 27 August 2004 by SmithKline Beecham, Brentford, (United Kingdom) represented by Dr V. von Bomhard, Dr A. Renck, Dr A. Pohlmann and I. Fowler, lawyers.
   Warner-Lambert Consumer Healthcare S.Com.p.a. Milan, (Italy) was also a party to the proceedings before the Board of Appeal.
   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 (Trade Marks and Designs) of 15 June 2004 in Case R0018/2004-1
            
         
               —
            
            
               order that the costs of the proceedings be borne by the defendant
            
         Pleas in law and main arguments
   
               Applicant for Community trade mark:
            
            
               SmithKline Beecham p.l.c.
            
         
               Community trade mark concerned:
            
            
               Word mark ACTIFAST for goods and services in class 5 (pharmaceutical applications) — application number OHMI 1 902 568
            
         
               Proprietor of mark or sign cited in the opposition proceedings:
            
            
               Warner-Lambert Consumer Healthcare S. Com.p.a.
            
         
               Trade mark or sign cited in opposition:
            
            
               National word mark ACTIFED for goods and services in class 5
            
         
               Decision of the Opposition Division:
            
            
               Opposition rejected
            
         
               Decision of the Board of Appeal:
            
            
               Appeal allowed, opposition allowed, registration denied
            
         
               Pleas in law:
            
            
               Violation of Article 8(1)(b) Council Regulation No 40/94