CELEX: 62013TN0647
Language: en
Date: 2013-12-02 00:00:00
Title: Case T-647/13: Action brought on 2 December 2013 — Meda v OHIM — Takeda (PANTOPREM)

8.2.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 39/25
            
         Action brought on 2 December 2013 — Meda v OHIM — Takeda (PANTOPREM)
   (Case T-647/13)
   2014/C 39/44
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Meda AB (Solna, Sweden) (represented by: G. Würtenberger and R. Kunze, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Takeda GmbH (Constance, Germany)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the Fourth Board of Appeal of 25 September 2013 in Case R 2171/2012-4 concerning the opposition against Community trade mark application No 9403973 ‘PANTOPREM’;
            
         
               —
            
            
               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: the applicant
   
      Community trade mark concerned: the word mark ‘PANTOPREM’ for goods in Class 5 — Community trade mark application No 9403973
   
      Proprietor of the mark or sign cited in the opposition proceedings: Takeda GmbH
   
      Mark or sign cited in opposition: the Community word marks ‘PANTOPAN’, ‘PANTOMED’, ‘PANTOPRAZ’ and ‘PANTOPRO’ and the national word mark ‘PANTOP’ for goods in Class 5
   
      Decision of the Opposition Division: the opposition was upheld
   
      Decision of the Board of Appeal: the appeal was dismissed
   
      Pleas in law: Infringement of Article 8(1)(b); the first sentence of Article 59; Article 64(1); Article 75; 76(1), in fine; Article 77 and Article 112(1) of Regulation (EC) No 207/2009