CELEX: 62013TN0613
Language: en
Date: 2013-11-20 00:00:00
Title: Case T-613/13: Action brought on 20 November 2013 — alfavet Tierarzneimittel v OHIM — Millet Innovation (Epibac)

8.2.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 39/23
            
         Action brought on 20 November 2013 — alfavet Tierarzneimittel v OHIM — Millet Innovation (Epibac)
   (Case T-613/13)
   2014/C 39/40
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: alfavet Tierarzneimittel GmbH (Neumünster, Germany) (represented by: U. Bender, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Millet Innovation SA (Loriol sur Drome, France)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               alter the decision of the Fourth Board of Appeal of 6 September 2013 (Case R 1253/2012-4) in such a way that the opposition is rejected, and
            
         
               —
            
            
               order the defendant to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: the applicant
   
      Community trade mark concerned: word mark ‘Epibac’ for goods in Classes 3, 5 and 31 — Community trade mark application No 6861124
   
      Proprietor of the mark or sign cited in the opposition proceedings: Millet Innovation SA
   
      Mark or sign cited in opposition: Word marks ‘EPITACT’ for goods in Classes 3, 5 and 10
   
      Decision of the Opposition Division: the opposition was upheld in part
   
      Decision of the Board of Appeal: the appeal was dismissed in part
   
      Pleas in law: Infringement of Article 8(1)(a) and (b) of Regulation (EC) No 207/2009.