CELEX: C2007/056/64
Language: en
Date: 2007-03-10 00:00:00
Title: Case T-6/07: Action brought on 2 January 2007 — Galderma v OHIM — Lelas (Nanolat)

10.3.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 56/34
            
         Action brought on 2 January 2007 — Galderma v OHIM — Lelas (Nanolat)
   (Case T-6/07)
   (2007/C 56/64)
   Language in which the application was lodged: German
   Parties
   
      Applicant: Galderma SA (Cham, Switzerland) (represented by N. Hebeis, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
   
      Other party to the proceedings before the Board of Appeal of OHIM: Tihomir Lelas
   Form of order sought
   
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               annul the decision of the Fourth Board of Appeal of 25 October 2006 in Case R 0146/2006-4 in so far as the opposition against the goods ‘Pharmaceuticals; pharmaceutical and veterinary products and preparations for health care; soaps; cosmetics and hair lotions’ was rejected;
            
         
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               refuse Community trade mark application 003088986 NANOLAT for the goods mentioned above;
            
         
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               order OHIM to pay the costs.
            
         Pleas in law and main arguments
   
      Applicant for a Community trade mark: Tihomir Lelas
   
      Community trade mark concerned: Word mark Nanolat for goods in Classes 1, 3 and 5 (application No 3 088 986)
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited in opposition: German word mark TANNOLACT for goods in Class 5
   
      Decision of the Opposition Division: Opposition rejected
   
      Decision of the Board of Appeal: Appeal dismissed
   
      Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94, (1) as there is a likelihood of confusion between the opposing marks
   
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ L 11, 1994, p. 1).