This document is an excerpt from the EUR-Lex website
Document 62011TN0580
Case T-580/11: Action brought on 8 November 2011 — McNeil v OHIM — Alkalon (NICORONO)
Case T-580/11: Action brought on 8 November 2011 — McNeil v OHIM — Alkalon (NICORONO)
Case T-580/11: Action brought on 8 November 2011 — McNeil v OHIM — Alkalon (NICORONO)
OJ C 25, 28.1.2012, p. 58–58
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
28.1.2012 |
EN |
Official Journal of the European Union |
C 25/58 |
Action brought on 8 November 2011 — McNeil v OHIM — Alkalon (NICORONO)
(Case T-580/11)
(2012/C 25/111)
Language in which the application was lodged: English
Parties
Applicant: McNeil AB (Helsingborg, Sweden) (represented by: I. Starr, Solicitor)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Alkalon ApS (Copenhagen V, Denmark)
Form of order sought
— |
Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 3 August 2011 in case R 1582/2010-2; |
— |
Order the defendant to pay to the applicant its costs of and occasioned by this appeal. |
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 ‘NICORONO’, for goods in classes 5, 10 and 30 — Community trade mark application No 6654529
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: Community trade mark registration No 2190239 of the word mark ‘NICORETTE’, for goods in classes 5, 10 and 30
Decision of the Opposition Division: Upheld the opposition
Decision of the Board of Appeal: Annulled the contested decision
Pleas in law: Infringement of Articles 75, 8(1)(b) and 8(5) of Council Regulation No 207/2009, as the Board of Appeal has failed to give sufficient weight in the overall assessment to: (i) the identity of the goods concerned and the fact that this offsets a lesser degree of similarity between the marks to be compared; (ii) the fact that consumers normally perceive word marks as a whole and pay particular attention to the beginning of a mark; and (iii) the fact that the applicant’s mark ‘NICORETTE’ has enhanced distinctiveness and an extensive reputation through significant use.