CELEX: 62012TN0411
Language: en
Date: 2012-09-14 00:00:00
Title: Case T-411/12: Action brought on 14 September 2012 — Celtipharm v OHIM — Alliance Healthcare France (PHARMASTREET)

24.11.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 366/36
            
         Action brought on 14 September 2012 — Celtipharm v OHIM — Alliance Healthcare France (PHARMASTREET)
   (Case T-411/12)
   2012/C 366/73
   Language in which the application was lodged: French
   
      Parties
   
   
      Applicant: Celtipharm (Vannes, France) (represented by: P. Greffe and C. Fendeleur, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Alliance Healthcare France SA (Gennevilliers, France)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision corrigendum (of the decision of 2 May 2012) of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 26 June 2012 in Case R 767/2011-2.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: Alliance Healthcare France SA
   
      Community trade mark concerned: Word mark ‘PHARMASTREET’ for goods and services in Classes 3, 5 and 35 — application for Community trade mark No 8 658 445
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited in opposition: National word mark ‘PHARMASEE’ for goods and services in Classes 9, 35, 38, 42 and 44
   
      Decision of the Opposition Division: The opposition is upheld in part
   
      Decision of the Board of Appeal: The appeal is granted and the decision of the Opposition Division is annulled
   
      Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009