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Document 62006TB0327

    Case T-327/06: Order of the Court of First Instance of 18 February 2008 — Altana Pharma v OHIM — Avensa (PNEUMO UPDATE) (Community trade mark — Opposition proceedings — Application for Community word mark PNEUMO UPDATE — Earlier national word mark Pneumo — Action in part manifestly inadmissible and in part manifestly wholly unfounded in law)

    OJ C 92, 12.4.2008, p. 28–28 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    12.4.2008   

    EN

    Official Journal of the European Union

    C 92/28


    Order of the Court of First Instance of 18 February 2008 — Altana Pharma v OHIM — Avensa (PNEUMO UPDATE)

    (Case T-327/06) (1)

    (Community trade mark - Opposition proceedings - Application for Community word mark PNEUMO UPDATE - Earlier national word mark Pneumo - Action in part manifestly inadmissible and in part manifestly wholly unfounded in law)

    (2008/C 92/57)

    Language of the case: German

    Parties

    Applicant: Altana Pharma AG (Constance, Germany) (represented by: H. Becker, lawyer)

    Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: R. Pethke, acting as Agent)

    Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Avensa AG (Zoug, Switzerland)

    Re:

    Action brought against the decision of the Second Chamber of the Board of Appeal of OHIM of 11 September 2006 (Case R 668/2005-2) concerning opposition proceedings between Avensa AG and Altana Pharma AG.

    Operative part of the order

    The Court:

    1.

    The action is dismissed as in part manifestly inadmissible and in part manifestly wholly unfounded in law.

    2.

    Altana Pharma AG is ordered to pay the costs.


    (1)  OJ C 326, 31.12.2006.


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