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Document 62006TB0327

Case T-327/06: Order of the Court of First Instance of 18 February 2008 — Altana Pharma v OHIM — Avensa (PNEUMO UPDATE) (Community trade mark — Opposition proceedings — Application for Community word mark PNEUMO UPDATE — Earlier national word mark Pneumo — Action in part manifestly inadmissible and in part manifestly wholly unfounded in law)

OJ C 92, 12.4.2008, p. 28–28 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

12.4.2008   

EN

Official Journal of the European Union

C 92/28


Order of the Court of First Instance of 18 February 2008 — Altana Pharma v OHIM — Avensa (PNEUMO UPDATE)

(Case T-327/06) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark PNEUMO UPDATE - Earlier national word mark Pneumo - Action in part manifestly inadmissible and in part manifestly wholly unfounded in law)

(2008/C 92/57)

Language of the case: German

Parties

Applicant: Altana Pharma AG (Constance, Germany) (represented by: H. Becker, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: R. Pethke, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Avensa AG (Zoug, Switzerland)

Re:

Action brought against the decision of the Second Chamber of the Board of Appeal of OHIM of 11 September 2006 (Case R 668/2005-2) concerning opposition proceedings between Avensa AG and Altana Pharma AG.

Operative part of the order

The Court:

1.

The action is dismissed as in part manifestly inadmissible and in part manifestly wholly unfounded in law.

2.

Altana Pharma AG is ordered to pay the costs.


(1)  OJ C 326, 31.12.2006.


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