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Case T-328/12: Action brought on 24 July 2012 — Mundipharma v OHIM — AFP Pharmaceuticals (Maxigesic)
ECLI:EU:UNKNOWN:62012TN0328
62012TN0328
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22.9.2012
EN
Official Journal of the European Union
C 287/34
(Case T-328/12)
2012/C 287/63
Language in which the application was lodged: German
Parties
Applicant: Mundipharma GmbH (Limburg an der Lahn, Germany) (represented by: F. Nielsen, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: AFP Pharmaceuticals Ltd (Takapuna, New Zealand)
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 23 May 2012 in Case R 1788/2010-4;
—order the defendant to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: AFP Pharmaceuticals Ltd
Community trade mark concerned: the word mark ‘Maxigesic’ for goods in Class 5 — Community trade mark application No 7 056 104
Proprietor of the mark or sign cited in the opposition proceedings: the applicant
Mark or sign cited in opposition: the word mark ‘OXYGESIC’ for goods in Class 5
Decision of the Opposition Division: the opposition was upheld
Decision of the Board of Appeal: the appeal was upheld and the opposition was rejected
Pleas in law: infringement of Article 8(1)(b) of Regulation (EC) No 207/2009