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Document 62013TN0368

    Case T-368/13: Action brought on 16 July 2013 — Boehringer Ingelheim International/OHIM — Lehning entreprise (ANGIPAX)

    OJ C 260, 7.9.2013, p. 48–48 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
    OJ C 260, 7.9.2013, p. 37–38 (HR)

    Date of document:
    16/07/2013
    Date lodged:
    16/07/2013
    Author:
    General Court
    Form:
    Judicial information
    Authentic language:
    English
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    Select all documents mentioning this document
    Instruments cited in case law:
    Link

    7.9.2013   

    EN

    Official Journal of the European Union

    C 260/48

    Action brought on 16 July 2013 — Boehringer Ingelheim International/OHIM — Lehning entreprise (ANGIPAX)

    (Case T-368/13)

    2013/C 260/85

    Language in which the application was lodged: English

    Parties

    Applicant: Boehringer Ingelheim International GmbH (Ingelheim am Rhein, Germany) (represented by: V. von Bomhard and D. Slopek, lawyers)

    Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

    Other party to the proceedings before the Board of Appeal: Lehning entreprise SARL (Sainte Barbe, France)

    Form of order sought

    The applicant claims that the Court should:

    —

    Annul OHIM’s Fifth Board of Appeal’s decision of 29 April 2013 in Case R 571/2012-5 insofar as it allowed registration of the mark ANGIPAX in respect of pharmaceutical and veterinarian products and preparations for health and medical care; fungicides; dietetic substances adapted for medical use; disinfectants; surgical dressings and materials for dressing, materials for stopping teeth, preparations for destroying vermin; food for babies; and

    —

    Order that the costs of the proceedings be borne by the defendant, or — in the event that the other party before the Boards of Appeal intervenes on the side of the defendant — that they be borne jointly by the defendant and the intervener.

    Pleas in law and main arguments

    Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

    Community trade mark concerned: The word mark ‘ANGIPAX’ for goods in class 5 — Community trade mark application No 8 952 401

    Proprietor of the mark or sign cited in the opposition proceedings: The applicant

    Mark or sign cited in opposition: The word mark ‘ANTISTAX’ — Community trade mark registration No 2 498 343 for goods in classes 3, 5, 28 and 30

    Decision of the Opposition Division: Rejected the opposition in its entirety

    Decision of the Board of Appeal: Dismissed the appeal

    Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.

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