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Case T-493/12: Action brought on 14 November 2012 — Sanofi v OHIM — GP Pharm (GEPRAL)
ECLI:EU:UNKNOWN:62012TN0493
62012TN0493
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26.1.2013
EN
Official Journal of the European Union
C 26/56
(Case T-493/12)
2013/C 26/113
Language in which the application was lodged: English
Parties
Applicant: Sanofi (Paris, France) (represented by: C. Hertz-Eichenrode, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: GP Pharm, SA (Sant Quinti de Mediona, Spain)
Form of order sought
The applicant claims that the Court should:
—Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 5 September 2012 in case R 201/2012-2; and
—Order OHIM to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal
Community trade mark concerned: The word mark ‘GEPRAL’, for goods in class 5 — International Registration No 1010832 designating the European Union
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: International registration No 418607, with effect in Austria of the word mark ‘DELPRAL’, for goods in class 5
Decision of the Opposition Division: Allowed the opposition in its entirety
Decision of the Board of Appeal: Upheld the appeal and allowed the International registration to proceed in its entirety
Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.