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Document 62013TN0075
Case T-75/13: Action brought on 8 February 2013 — Boehringer Ingelheim Pharma/OHIM — Nepentes (Momarid)
Case T-75/13: Action brought on 8 February 2013 — Boehringer Ingelheim Pharma/OHIM — Nepentes (Momarid)
Case T-75/13: Action brought on 8 February 2013 — Boehringer Ingelheim Pharma/OHIM — Nepentes (Momarid)
OJ C 101, 6.4.2013, p. 26–26
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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6.4.2013 |
EN |
Official Journal of the European Union |
C 101/26 |
Action brought on 8 February 2013 — Boehringer Ingelheim Pharma/OHIM — Nepentes (Momarid)
(Case T-75/13)
2013/C 101/55
Language in which the application was lodged: English
Parties
Applicant: Boehringer Ingelheim Pharma (Ingelheim, 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: Nepentes S.A. (Warsaw, Poland)
Form of order sought
The applicant claims that the Court should:
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Annul OHIM’s Fourth Board of Appeal’s decision of 28 November 2012 in Case R 2292/2011-4 in so far as it allowed registration of the mark MOMARID in respect of sanitary preparations for medical purposes; dietetic substances adapted for medical use; pharmaceutical and medical preparations, substances and products for protecting, maintaining, treating or conditioning for the skin, body, face, mouth, lips, eyes, hair, hands and nails; pharmaceutical and medical preparations and substances for the care and appearance of the skin, body, face, mouth, lips, eyes, hair, hands and nails; pharmaceutical and medical products and preparations for slimming purposes; dermatological pharmaceutical products, preparations and substances; dermatological preparations for the prevention and treatment of skin disorders; dermatological preparations (medicated); pharmaceutical preparations for the treatment of dermatological disorders; pharmaceutical preparations for the topical treatment of dermatological disorders; dermatological medicinal products; veterinary pharmaceutical preparations for dermatological use; veterinary medicinal products for treatment of hormonal disorders; hormones for medical purposes; hormone preparations for veterinary use; hormones; steroid products, hormone preparations for pharmaceutical and medical use; hygiene products; chemicals for pharmaceutical use (the ‘Contested Goods’); |
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Order that the costs of the proceedings be borne by the defendant, or — in the event that the other party before OHIM 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 ‘Momarid’ , for goods and services in class 5 — Community trade mark application No 9 164 328
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: Community trade mark No 2 396 448 of the mark ‘LONARID’ for goods in class 5
Decision of the Opposition Division: Rejected the opposition
Decision of the Board of Appeal: Upheld the appeal in part
Pleas in law: Infringement of Article 75 of Council Regulation No 207/2009 in conjunction with Rule 50(2)(h) Commission Regulation No 2868/95 and Article 8(1)(b) of Council Regulation No 207/2009.