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Valentina R., lawyer
(Case T-75/13)(1)
((Community trade mark - Opposition proceedings - Application for the Community word mark Momarid - Earlier Community word mark LONARID - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Relevant public - Obligation to state reasons - Article 75 of Regulation No 207/2009))
(2015/C 026/30)
Language of the case: English
Applicant: Boehringer Ingelheim Pharma GmbH & Co. KG (Ingelheim, Germany) (represented initially by: V. von Bomhard and D. Slopek, and subsequently by V. von Bomhard, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: L. Rampini, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Nepentes Pharma sp. z o.o. (Warsaw, Poland) (represented by: C. Bercial Arias, K. Dimidjian-Lecompte and C. Casalonga, lawyers)
Action brought against the decision of the Fourth Board of Appeal of OHIM of 28 November 2012 (Case R 2292/2011-4), relating to opposition proceedings between Boehringer Ingelheim Pharma GmbH & Co. KG and Nepentes S.A.
The Court:
1.Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 28 November 2012 (Case R 2292/2011-4) as regards ‘chemicals for pharmaceutical use’;
2.Dismisses the action as to the remainder;
3.Orders each party to bear its own costs.
*
(1) OJ C 101, 6.4.2013.