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Case T-147/10: Action brought on 30 March 2010 — Meda Pharma v OHIM — Nycomed (ALLERNIL)
ECLI:EU:UNKNOWN:62010TN0147
62010TN0147
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5.6.2010
EN
Official Journal of the European Union
C 148/40
(Case T-147/10)
2010/C 148/68
Language in which the application was lodged: German
Parties
Applicant: Meda Pharma GmbH & Co. KG (Bad Homburg, Germany) (represented by: G. Würtenberger and R. Kunze, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal of OHIM: Nycomed GmbH (Konstanz, Germany)
Form of order sought
—Annul the decision of the Fourth Board of Appeal of 29 September 2009 in Case R 697/2007-4 concerning the opposition filed on the basis of German mark No 1 042 583‘ALLERGODIL’ against application No 4 066 452 for the Community trade mark ‘ALLERNIL’;
—Order the defendant to pay the costs of the proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: Nycomed GmbH
Community trade mark concerned: Word mark ‘ALLERNIL’ for goods in Class 5
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: German word mark No 1 042 583‘ALLERGODIL’ for goods in Class 5
Decision of the Opposition Division: Rejection of the opposition
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law:
—Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009, since the trade mark law principles of likelihood of confusion were not correctly applied
—Infringement of Article 75 of Regulation No 207/2009 due to breach of the duty to give reasons
Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).