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Document C2006/074/45
Case T-442/05: Action brought on 16 December 2005 — Biofarma v OHIM
Case T-442/05: Action brought on 16 December 2005 — Biofarma v OHIM
Case T-442/05: Action brought on 16 December 2005 — Biofarma v OHIM
OJ C 74, 25.3.2006, p. 23–23
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
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25.3.2006 |
EN |
Official Journal of the European Union |
C 74/23 |
Action brought on 16 December 2005 — Biofarma v OHIM
(Case T-442/05)
(2006/C 74/45)
Language in which the application was lodged: Spanish
Parties
Applicant: Biofarma (Neuilly-sur-Seine, France) (represented by: Victor Gil Vega and Antonia Ruiz López, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal of OHIM: Anca Health Care Limited
Form of order sought
The applicant claims that the Court should:
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annul the decision of the First Board of Appeal of OHIM of 26 September 2005 and declare that there is a likelihood of confusion between the marks CAFON and DAFLON which designate similar products; |
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order OHIM to pay the costs, including the fees of the applicant's representatives. |
Pleas in law and main arguments
Applicant for a Community trade mark: Surtech International Ltd.
Community trade mark concerned: word mark ‘CAFON’ for goods in Class 5 (pharmaceutical products and substances).
Proprietor of the mark or sign cited in the opposition proceedings: the applicant.
Mark or sign cited in opposition: word mark ‘DAFLON’ (registered in Spain, Portugal, Benelux, Austria, France and Italy) for goods in Class 5 (pharmaceutical products and substances).
Decision of the Opposition Division: opposition dismissed.
Decision of the Board of Appeal: application dismissed.
Pleas in law: incorrect application of Article 8(1)(b) of Regulation No 40/94 on the Community trade mark.