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(Case T-501/12)(1)
((Community trade mark - Opposition proceedings - Application for Community word mark OCTASA - Earlier national word marks PENTASA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))
2014/C 175/52
Language of the case: English
Applicant: Farmaceutisk Laboratorium Ferring A/S (Copenhagen, Denmark) (represented initially by I. Fowler, Solicitor, A. Renck and J. Fuhrmann, lawyers, and subsequently by I. Fowler, A. Renck and D. Slopek, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Tillotts Pharma AG (Ziefen, Switzerland) (represented by: T. Alkin, Barrister)
Action against the decision of the Fourth Board of Appeal of OHIM of 6 September 2012 (Case R 1214/2011-4), concerning opposition proceedings between Farmaceutisk Laboratorium Ferring A/S and Tillotts Pharma AG.
The Court:
1.Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 6 September 2012 (Case R 1214/2011-4);
2.Orders OHIM to bear its own costs and to pay half of the costs incurred by Farmaceutisk Laboratorium Ferring A/S;
3.Orders Tillotts Pharma AG to bear its own costs and to pay half of the costs incurred by Farmaceutisk Laboratorium Ferring.
OJ C 26, 26. 1. 2013.