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Case T-214/15: Action brought on 23 April 2015 — Novartis v OHIM — Meda (Zymara)
ECLI:EU:UNKNOWN:62015TN0214
62015TN0214
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Valentina R., lawyer
22.6.2015
EN
Official Journal of the European Union
C 205/40
(Case T-214/15)
(2015/C 205/53)
Language in which the application was lodged: English
Parties
Applicant: Novartis AG (Basel, Switzerland) (represented by: M. Douglas, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Meda AB (Solna, Sweden)
Details of the proceedings before OHIM
Applicant: Other party to the proceedings before the Board of Appeal
Trade mark at issue: Community word mark ‘Zymara’ — Application for registration No 9 982 745
Procedure before OHIM: Opposition proceedings
Contested decision: Decision of the Fifth Board of Appeal of OHIM of 6 February 2015 in Case R 550/2014-5
Form of order sought
The applicant claims that the Court should:
—Annul the contested decision;
—Order OHIM to pay the costs.
Pleas in law
—The Board of Appeal has misinterpreted the goods which are ‘pharmaceutical preparations, namely preparations for the treatment of cancer’;
—The Board of Appeal has incorrectly based its decision on spelling rules which are not existing;
—The Board of Appeal has ignored arguments put forward with respect to the comparison of signs and, therefore, incorrectly held that the signs are phonetically similar only to a low degree;
—The Board of Appeal has put too much wait on the word beginnings within the visual comparison.