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Document C2004/217/63

    Case T-256/04: Action brought on 28 June 2004 by Mundipharma AG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

    OJ C 217, 28.8.2004, p. 35–35 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

    28.8.2004   

    EN

    Official Journal of the European Union

    C 217/35

    Action brought on 28 June 2004 by Mundipharma AG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

    (Case T-256/04)

    (2004/C 217/63)

    Language of the case to be determined pursuant to Article 131(2) of the Rules of Procedure - language in which the application was submitted: German

    An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) was brought before the Court of First Instance of the European Communities on 28 June 2004 by Mundipharma AG, Basel (Switzerland), represented by F. Nielsen, lawyer.

    Altana Pharma AG, Konstanz (Germany), was also a party to the proceedings before the Board of Appeal.

    The applicant claims that the Court should:

    —

    annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market of 19 April 2004 (Case R 1004/2002-2);

    —

    order the Office for Harmonisation in the Internal Market to pay the costs.

    Pleas in law and main arguments:

    Applicant for Community trade mark:

    ALTANA Pharma AG

    Community trade mark sought:

    Word mark 'RESPICUR' for goods in Class 5 (Respiratory therapeutics) – Application No 949156

    Proprietor of mark or sign cited in the opposition proceedings:

    The applicant

    Mark or sign cited in opposition.

    German word mark 'RESPICORT' for goods in Class 5 (pharmaceutical preparations; preparations for medical purposes; plasters)

    Decision of the Opposition Division:

    Rejection of the opposition

    Decision of the Board of Appeal:

    Annulment of the decision of the Opposition Division and rejection of the opposition

    Pleas in law:

    Breach of Article 8(1)(b) of Regulation (EC) No 40/94.
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