CELEX: 62014TN0262
Language: en
Date: 2014-04-24 00:00:00
Title: Case T-262/14: Action brought on 24 April 2014 — Bionecs/OHMI — Fidia Farmaceutici (BIONECS)

21.7.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 235/25
            
         Action brought on 24 April 2014 — Bionecs/OHMI — Fidia Farmaceutici (BIONECS)
   (Case T-262/14)
   2014/C 235/35
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Bionecs GmbH (Munich, Germany) (represented by: M. Knitter, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Fidia Farmaceutici SpA (Abano Terme, Italy)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 February 2014 given in Case R 1179/2013-1;
            
         
               —
            
            
               Order the defendant to pay the costs of proceedings.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant
   
      Community trade mark concerned: The word mark ‘BIONECS’ for goods and services in classes 5, 29 and 35 — Community trade mark application No 1 0 6 50  638
   
      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 in opposition: The word mark ‘BIONECT’ for goods in class 5 registered as international trade mark under the number 7 15  915
   
      Decision of the Opposition Division: Upheld the opposition in part
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 8(1)(b) CTMR