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Case T-411/12: Judgment of the General Court of 6 June 2013 — Celtipharm v OHIM — Alliance Healthcare France (PHARMASTREET) (Community trade mark — Opposition proceedings — Application for Community word mark PHARMASTREET — Earlier national word mark PHARMASEE — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62012TA0411
62012TA0411
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Official Journal of the European Union
C 225/78
(Case T-411/12)(1)
(Community trade mark - Opposition proceedings - Application for Community word mark PHARMASTREET - Earlier national word mark PHARMASEE - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
2013/C 225/173
Language of the case: French
Parties
Applicant: Celtipharm (Vannes, France) (represented by: P. Greffe and C. Fendeleur, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: V. Melgar, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Alliance Healthcare France SA (Gennevilliers, France)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 26 June 2012 (Case R 767/2011-2), relating to opposition proceedings between Celtipharm and Alliance Healthcare France SA.
Operative part of the judgment
The Court:
1.Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 26 June 2012 (Case R 767/2011-2);
2.Upholds the opposition as regards goods in Class 5 corresponding to the description ‘pharmaceutical preparations; dietetic substances adapted for medical use’, on the one hand, and services in Class 35 corresponding to the description ‘business management, business administration and office functions’, on the other;
3.Orders each party to bear its own costs.
(1) OJ C 366, 24.11.2012.