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Case T-509/15: Action brought on 3 September 2015 — Kessel medintim v OHIM — Janssen-Cilag GmbH (Premeno)
ECLI:EU:UNKNOWN:62015TN0509
62015TN0509
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26.10.2015
Official Journal of the European Union
C 354/45
(Case T-509/15)
(2015/C 354/55)
Language in which the application was lodged: German
Parties
Applicant: Kessel medintim GmbH (Mörfelden-Walldorf, Germany) (represented by: A. Jacob and U. Staudenmaier, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Janssen-Cilag GmbH (Neuss, Germany)
Details of the proceedings before OHIM
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: Community word mark ‘Premeno’ — Application No 6 408 926
Procedure before OHIM: Opposition proceedings
Contested decision: Decision of the Fourth Board of Appeal of OHIM of 2 July 2015 in Case R 349/2015-4
Form of order sought
The applicant claims that the Court should:
—annul the contested decision and dismiss the opposition;
—in the alternative: refer the opposition back to OHIM for a new decision;
—order OHIM to pay the cost of the proceedings in accordance with Article 134(1) TFEU.
Pleas in law
—Infringement of Article 75(2) of Regulation No 207/2009;
—Infringement of Article 8(1)(b) of Regulation No 207/2009.