CELEX: C2006/326/154
Language: en
Date: 2006-12-30 00:00:00
Title: Case T -327/06: Action brought on 22 November 2006 — Altana Pharma v OHIM — Avensa (PNEUMO UPDATE)

30.12.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 326/75
            
         Action brought on 22 November 2006 — Altana Pharma v OHIM — Avensa (PNEUMO UPDATE)
   (Case T -327/06)
   (2006/C 326/154)
   Language in which the application was lodged: German
   Parties
   
      Applicant: Altana Pharma AG (Konstanz, Germany) (represented by: H. Becker, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal of OHIM: Avensa AG (Zug, Switzerland)
   Form of order sought
   The applicant claims that the Court should:
   
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               annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 September 2006 (Case R 668/2005-2);
            
         
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               order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to dismiss opposition No B 575 524 brought by the opponent;
            
         
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               in the alternative, order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to make a fresh decision on opposition No B 575 524 brought by the opponent in the light of the Court's opinion.
            
         Pleas in law and main arguments
   
      Applicant for a Community trade mark: The applicant.
   
      Community trade mark concerned: The word mark ‘PNEUMO UPDATE’ for goods and services in Classes 5, 9, 16, 35, 38 and 41 (Application No 2 462 049).
   
      Proprietor of the mark or sign cited in the opposition proceedings: Avensa AG.
   
      Mark or sign cited in opposition: German word mark ‘Pneumo’ for goods in Class 5, the opposition being brought only against the registration in Class 5.
   
      Decision of the Opposition Division: Opposition granted.
   
      Decision of the Board of Appeal: Dismissal of the appeal.
   
      Pleas in law: The contested decision is not reasoned in a comprehensible manner and it infringes Article 8(1)(b) of Regulation (EC) No 40/94 (1), since there is no likelihood of confusion between the opposing marks. In addition, the applicant claims that the opposing mark is not in use.
   
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).