- Query in any language with multilingual search
- Access EUR-Lex and EU Commission case law
- See relevant paragraphs highlighted instantly
Similar Documents
Explore similar documents to your case.We Found Similar Cases for You
Case T -331/09: Action brought on 25 August 2009 — Novartis v OHIM — Sanochemia Pharmazeutika AG
ECLI:EU:UNKNOWN:62009TN0331
62009TN0331
With us you find everything. Try it now!
I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!
Valentina R., lawyer
7.11.2009
EN
Official Journal of the European Union
C 267/70
(Case T -331/09)
2009/C 267/128
Language in which the application was lodged: German
Parties
Applicant: Novartis AG (Basel, Switzerland) (represented by: N. Hebeis, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other part to the proceedings before the Board of Appeal of OHIM: Sanochemia Pharmazeutika AG
Form of order sought
—Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 18 June 2009 in Case R 1601/2007-1; and
—Order the Office for Harmonisation in the Internal Market to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: Sanochemia Pharmazeutika AG
Community trade mark concerned: the word mark, ‘TOLPOSAN’ for goods in Class 5 (Registration No 4 134 383)
Proprietor of the mark or sign cited in the opposition proceedings: the applicant
Mark or sign cited in opposition: the international registration of the word mark ‘TONOPAN’ for goods in Class 5 (No 227 508)
Decision of the Opposition Division: Opposition dismissed
Decision of the Board of Appeal: Appeal dismissed
Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 (1), since there is no likelihood of confusion between the trade marks at issue.
(1) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).