12.1.2008

Official Journal of the European Union

C 8/24

(Case T-413/07)

(2008/C 8/44)

Language of the case: English

Parties

Applicant: Bayern Innovativ — Bayerische Gesellschaft für Innovation und Wissenstransfer mbH (Nürnberg, Germany) (represented by: A. Beschorner, B. Glaser, C. Thomas, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Life Sciences Partners Perstock N.V. (Amsterdam, The Netherlands)

Form of order sought

—To annul the decision of the First Board of Appeal No R 1545/2006-1 of 2 August 2007 regarding Community trade mark No 3 585 957 ‘LifeScience’;

—to reject the opposition No B 795 270 of the intervener in its entirety;

—to order the OHIM to register the Community trade mark No 3 585 957 ‘LifeScience’ as published;

—to order the other party to pay the costs incurred in the proceedings before the Court and to order the intervener to pay the costs of the administrative proceedings before the Board of Appeal.

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The figurative Community trade mark consisting of a coloured representation of a spiral DNA chain, an oval and a grid and containing the verbal elements ‘LifeScience’ written below for goods and services in Classes 16, 35, 36, 41, 42 — application No 3 585 957

Proprietor of the mark or sign cited in the opposition proceedings: Life Sciences Partners Perstock N.V.

Mark or sign cited: The figurative Community trade mark consisting of a representation of a naked woman wrapped in a DNA chain and containing the word elements ‘Life Sciences Partners’ for services in Classes 35 and 36 — application No 2 136 026.

Decision of the Opposition Division: Upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of (EC) Council Regulation No 40/94.