CELEX: 62009TN0331
Language: en
Date: 2009-08-25 00:00:00
Title: Case T -331/09: Action brought on 25 August 2009 — Novartis v OHIM — Sanochemia Pharmazeutika AG

7.11.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 267/70
            
         Action brought on 25 August 2009 — Novartis v OHIM — Sanochemia Pharmazeutika AG
   (Case T -331/09)
   2009/C 267/128
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Novartis AG (Basel, Switzerland) (represented by: N. Hebeis, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other part to the proceedings before the Board of Appeal of OHIM: Sanochemia Pharmazeutika AG
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 18 June 2009 in Case R 1601/2007-1; and
            
         
               —
            
            
               Order the Office for Harmonisation in the Internal Market to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: Sanochemia Pharmazeutika AG
   
      Community trade mark concerned: the word mark, ‘TOLPOSAN’ for goods in Class 5 (Registration No 4 134 383)
   
      Proprietor of the mark or sign cited in the opposition proceedings: the applicant
   
      Mark or sign cited in opposition: the international registration of the word mark ‘TONOPAN’ for goods in Class 5 (No 227 508)
   
      Decision of the Opposition Division: Opposition dismissed
   
      Decision of the Board of Appeal: Appeal dismissed
   
      Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 (1), since there is no likelihood of confusion between the trade marks at issue.
   
      (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).