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Case T-253/14: Action brought on 14 April 2014 — Chemo Ibérica v OHIM — Novartis (EXELTIS)
ECLI:EU:UNKNOWN:62014TN0253
62014TN0253
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EN
Official Journal of the European Union
C 253/31
(Case T-253/14)
2014/C 253/45
Language in which the application was lodged: Spanish
Parties
Applicant: Chemo Ibérica, SA (Barcelona, Spain) (represented by: M.I. Escudero Pérez, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Novartis AG (Basel, Switzerland)
Form of order sought
The applicant claims that the Court should:
—annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 10 February 2014 in Case R 1022/2013-4, and accordingly order that figurative Community trade mark No 1 0 2 49 035‘EXELTIS’ should be granted in relation to Class 5 of the International Classification;
—order the defendant and/or the other party to the proceedings to pay the costs of the proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: Chemo Ibérica, SA
Community trade mark concerned: Figurative mark containing the word element ‘EXELTIS’ for goods in Class 5 — Community trade mark application No 1 0 2 49 035
Proprietor of the mark or sign cited in the opposition proceedings: Novartis AG
Mark or sign cited in opposition: Word mark ‘EXELON’ for goods in Class 5
Decision of the Opposition Division: Application rejected
Decision of the Board of Appeal: Appeal dismissed
Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009.