CELEX: 62013TN0368
Language: en
Date: 2013-07-16 00:00:00
Title: Case T-368/13: Action brought on 16 July 2013 — Boehringer Ingelheim International/OHIM — Lehning entreprise (ANGIPAX)

7.9.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 260/48
            
         Action brought on 16 July 2013 — Boehringer Ingelheim International/OHIM — Lehning entreprise (ANGIPAX)
   (Case T-368/13)
   2013/C 260/85
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Boehringer Ingelheim International GmbH (Ingelheim am Rhein, Germany) (represented by: V. von Bomhard and D. Slopek, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Lehning entreprise SARL (Sainte Barbe, France)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul OHIM’s Fifth Board of Appeal’s decision of 29 April 2013 in Case R 571/2012-5 insofar as it allowed registration of the mark ANGIPAX in respect of pharmaceutical and veterinarian products and preparations for health and medical care; fungicides; dietetic substances adapted for medical use; disinfectants; surgical dressings and materials for dressing, materials for stopping teeth, preparations for destroying vermin; food for babies; and
            
         
               —
            
            
               Order that the costs of the proceedings be borne by the defendant, or — in the event that the other party before the Boards of Appeal intervenes on the side of the defendant — that they be borne jointly by the defendant and the intervener.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal
   
      Community trade mark concerned: The word mark ‘ANGIPAX’ for goods in class 5 — Community trade mark application No 8 952 401
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited in opposition: The word mark ‘ANTISTAX’ — Community trade mark registration No 2 498 343 for goods in classes 3, 5, 28 and 30
   
      Decision of the Opposition Division: Rejected the opposition in its entirety
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.