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Case T-262/14: Action brought on 24 April 2014 — Bionecs/OHMI — Fidia Farmaceutici (BIONECS)
ECLI:EU:UNKNOWN:62014TN0262
62014TN0262
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Valentina R., lawyer
21.7.2014
EN
Official Journal of the European Union
C 235/25
(Case T-262/14)
2014/C 235/35
Language in which the application was lodged: English
Parties
Applicant: Bionecs GmbH (Munich, Germany) (represented by: M. Knitter, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Fidia Farmaceutici SpA (Abano Terme, Italy)
Form of order sought
The applicant claims that the Court should:
—Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 February 2014 given in Case R 1179/2013-1;
—Order the defendant to pay the costs of proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The word mark ‘BIONECS’ for goods and services in classes 5, 29 and 35 — Community trade mark application No 1 0 6 50 638
Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal
Mark or sign cited in opposition: The word mark ‘BIONECT’ for goods in class 5 registered as international trade mark under the number 7 15 915
Decision of the Opposition Division: Upheld the opposition in part
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8(1)(b) CTMR