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Case T-41/15: Action brought on 23 January 2015 — Novartis v OHIM — Mabxience (HERTIXAN)
ECLI:EU:UNKNOWN:62015TN0041
62015TN0041
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30.3.2015
Official Journal of the European Union
C 107/32
(Case T-41/15)
(2015/C 107/42)
Language in which the application was lodged: English
Parties
Applicant: Novartis AG (Basel, Switzerland) (represented by: M. Douglas, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Mabxience SA (Montevideo, Uruguay)
Details of the proceedings before OHIM
Applicant: Other party to the proceedings before the Board of Appeal
Trade mark at issue: Community word mark ‘HERTIXAN’ — Application for registration No 10 660 835
Procedure before OHIM: Opposition proceedings
Contested decision: Decision of the First Board of Appeal of OHIM of 31 October 2014 in Case R 2550/2013-1
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order OHIM to pay the costs.
Plea(s) in law
—Infringement of Article 8(1)(b) of Regulation No 207/2009;
—Infringement of Article 42(2) and (3) of Regulation No 207/2009;
—Infringement of Article 75 of Regulation No 207/2009.