CELEX: 62008TN0477
Language: en
Date: 2008-11-03 00:00:00
Title: Case T-477/08: Action brought on 3 November 2008 — Mundipharma v OHIM — ALK-Abelló (AVANZALENE)

10.1.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 6/39
            
         Action brought on 3 November 2008 — Mundipharma v OHIM — ALK-Abelló (AVANZALENE)
   (Case T-477/08)
   (2009/C 6/77)
   Language in which the application was lodged: English
   Parties
   
      Applicant: Mundipharma AG (Basel, Switzerland) (represented by: F. Nielsen, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: ALK-Abelló A/S (Hørsholm, Denmark)
   Form of order sought
   
               —
            
            
               Revoke the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 28 August 2008 in case R 1694/2007-4; and
            
         
               —
            
            
               Order OHIM to pay the costs.
            
         Pleas in law and main arguments
   
      Applicant for the Community trade mark: The applicant
   
      Community trade mark concerned: The word mark ‘AVANZALENE’ for goods in class 5 — application No 4 632 501
   
      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: Community trade mark registration No 3 331 444 of the word mark ‘AVANZ’ for goods in class 5
   
      Decision of the Opposition Division: Upheld the opposition in its entirety
   
      Decision of the Board of Appeal: Dismissal of the appeal
   
      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 40/94 as the Board of Appeal erred in its finding that there is a likelihood of confusion between the trade marks concerned.