- Query in any language with multilingual search
- Access EUR-Lex and EU Commission case law
- See relevant paragraphs highlighted instantly
Similar Documents
Explore similar documents to your case.We Found Similar Cases for You
Case T-536/10: Action brought on 23 November 2010 — Kessel v OHIM — Janssen-Cilag (Premeno)
ECLI:EU:UNKNOWN:62010TN0536
62010TN0536
With us you find everything. Try it now!
I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!
Valentina R., lawyer
29.1.2011
Official Journal of the European Union
C 30/46
(Case T-536/10)
()
2011/C 30/83
Language in which the application was lodged: German
Parties
Applicant: Kessel Marketing & Vertriebs GmbH (Mörfelden-Walldorf, Germany) (represented by: S. Bund, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal of OHIM: Janssen-Cilag GmbH (Neuss, Germany)
Form of order sought
—Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 21 September 2010 in Case R 708/2010-4;
—Order the defendant and the intervener, in accordance with Article 87(2) and (5) of the Rules of Procedure of the General Court, 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 ‘Premeno’ for goods in Class 5
Proprietor of the mark or sign cited in the opposition proceedings: Janssen-Cilag GmbH
Mark or sign cited in opposition: the German word mark ‘Pramino’ for goods in Class 5
Decision of the Opposition Division: opposition upheld
Decision of the Board of Appeal: appeal dismissed
Pleas in law: Infringement of Article 42(2) and (3) of Regulation (EC) No 207/2009 (1), as there is insufficient proof of use of the opposing trade mark and infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 as there is no likelihood of confusion of the marks at issue.
The applicant also submits that the restriction of the list of goods and services is admissible.
Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
* * *
2011/C 30/83
Language in which the application was lodged: German