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Case T-284/12: Action brought on 29 June 2012 — Oro Clean Chemie v OHIM — Merz Pharma (PROSEPT)
ECLI:EU:UNKNOWN:62012TN0284
62012TN0284
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Valentina R., lawyer
25.8.2012
EN
Official Journal of the European Union
C 258/25
(Case T-284/12)
2012/C 258/47
Language in which the application was lodged: German
Parties
Applicant: Oro Clean Chemie AG (Fehraltorf, Switzerland) (represented by: F. Ekey, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Merz Pharma GmbH & Co. KGaA (Frankfurt am Main, Germany)
Form of order sought
The applicant claims that the Court should:
—annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 29 March 2012 in Case R 1053/2011-1;
—order the defendant to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: the applicant
Community trade mark concerned: the word mark ‘PROSEPT’ for goods in Class 5 — Community trade mark application No 8 353 245
Proprietor of the mark or sign cited in the opposition proceedings: Merz Pharma GmbH & Co. KGaA
Mark or sign cited in opposition: the national word mark ‘Pursept’ for goods in Class 5
Decision of the Opposition Division: the opposition was upheld
Decision of the Board of Appeal: the appeal was dismissed
Pleas in law:
—Infringement of the second sentence of Article 75 and Article 76(1) of Regulation No 207/2009
—Infringement of Article 8(1)(b) of Regulation No 207/2009