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Case C-490/13 P: Appeal brought on 13 September 2013 by Cytochroma Development, Inc. against the judgment of the General Court (Third Chamber) delivered on 3 July 2013 in Case T-106/12: Cytochroma Development, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
ECLI:EU:UNKNOWN:62013CN0490
62013CN0490
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30.11.2013
Official Journal of the European Union
C 352/7
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(Case C-490/13 P)
2013/C 352/13
Language of the case: English
Parties
Appellant: Cytochroma Development, Inc. (represented by: S. Malynicz, Barrister, A. Smith, Solicitor)
Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs), Teva Pharmaceutical Industries, Ltd.
Form of order sought
The appellant claims that the Court should:
—annul the judgment of the General Court dated 3 July 2013 in Case T-106/12;
—order OHIM to bear its own costs and pay those of the appellant
Pleas in law and main arguments
The appellant submits that the contested judgment should be annulled on the following grounds:
—The General Court infringed Article 65(6) of the Community Trade Mark Regulation (1) and Article 1 (d) (1) of Regulation 216/96 (2) regarding the measures taken by OHIM to comply with the judgment of the General Court;
—The General Court infringed the principle of legal certainty, as well as Article 17 of the EU Charter of Fundamental Rights.
Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark
OJ L 78, p. 1
Commission Regulation (EC) No 216/96 of 5 February 1996 laying down the rules of procedure of the Boards of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs)
OJ L 28, p. 11
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