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Case T-647/13: Action brought on 2 December 2013 — Meda v OHIM — Takeda (PANTOPREM)
ECLI:EU:UNKNOWN:62013TN0647
62013TN0647
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8.2.2014
EN
Official Journal of the European Union
C 39/25
(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