Action brought on 16 February 2009 — Mundipharma v OHIM — Asociación Farmaceuticos Mundi (FARMA MUNDI FARMACEUTICOS MUNDI)

(Case T-76/09)

2009/C 102/41

Language in which the application was lodged: English

Parties

Applicant: Mundipharma GmbH (Limburg (Lahn), Germany) (represented by: F. Nielsen, lawyer)

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

Other party to the proceedings before the Board of Appeal: Asociación Farmaceuticos Mundi (Alfafar (Valencia), Spain)

Form of order sought

Pleas in law and main arguments

Applicant for the Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The figurative mark “FARMA MUNDI FARMACEUTICOS MUNDI”, for goods and services in classes 5, 35 and 39 — application No 4 841 136

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

Mark or sign cited: Community trade mark registration No 4 304 622 of the trade mark “mundi pharma” for goods and services in classes 5 and 44

Decision of the Opposition Division: Partially rejected the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation 40/94 as the Board of Appeal wrongly concluded that there was no similarity of the goods and/or services covered by the trade marks in question