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Case T-327/06: Order of the Court of First Instance of 18 February 2008 — Altana Pharma v OHIM — Avensa (PNEUMO UPDATE) (Community trade mark — Opposition proceedings — Application for Community word mark PNEUMO UPDATE — Earlier national word mark Pneumo — Action in part manifestly inadmissible and in part manifestly wholly unfounded in law)
ECLI:EU:UNKNOWN:62006TB0327
62006TB0327
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Official Journal of the European Union
JUDGMENT OF THE COURT (Tenth Chamber)
12.4.2008
C 92/28
(Case T-327/06)
(Community trade mark - Opposition proceedings - Application for Community word mark PNEUMO UPDATE - Earlier national word mark Pneumo - Action in part manifestly inadmissible and in part manifestly wholly unfounded in law)
(2008/C 92/57)
Language of the case: German
Parties
Applicant: Altana Pharma AG (Constance, Germany) (represented by: H. Becker, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: R. Pethke, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Avensa AG (Zoug, Switzerland)
Re:
Action brought against the decision of the Second Chamber of the Board of Appeal of OHIM of 11 September 2006 (Case R 668/2005-2) concerning opposition proceedings between Avensa AG and Altana Pharma AG.
Operative part of the order
The Court:
1.The action is dismissed as in part manifestly inadmissible and in part manifestly wholly unfounded in law.
2.Altana Pharma AG is ordered to pay the costs.
* * *
(<span class="super">1</span>) OJ C 326, 31.12.2006.