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Document 62011TN0605

    Case T-605/11: Action brought on 29 November 2011 — Novartis v OHIM — Organic (BIOCERT)

    OJ C 32, 4.2.2012, p. 31–32 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    4.2.2012   

    EN

    Official Journal of the European Union

    C 32/31

    Action brought on 29 November 2011 — Novartis v OHIM — Organic (BIOCERT)

    (Case T-605/11)

    2012/C 32/65

    Language in which the application was lodged: English

    Parties

    Applicant: Novartis AG (Basel, Switzerland) (represented by: M. Douglas, lawyer)

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

    Other party to the proceedings before the Board of Appeal: Dr. Organic Ltd (Swansea, United Kingdom)

    Form of order sought

    —

    Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 28 September 2011 in case R 1030/2010-4; and

    —

    Order the defendant to bear the costs of the proceedings.

    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 ‘BIOCERT’, for goods and services in classes 3, 4, 5, 29, 30, 31, 32, 35 and 44 — Community trade mark application No 7134984

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

    Mark or sign cited in opposition: Austrian trade mark registration No 136273 of the word mark ‘BIOCEF’, for goods in class 5

    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 Articles 8(1)(b) and 76(1) of Council Regulation No 207/2009, as the Board of Appeal: (i) misinterpreted general principles laid down by the European courts and wrongly concluded that there is no likelihood of confusion between ‘BIOCEF’ and ‘BIOCERT’; and (ii) wrongly based its decision on facts which have not been forwarded by the parties of the proceedings.

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