This document is an excerpt from the EUR-Lex website
Document 62013TN0281
Case T-281/13: Action brought on 24 May 2013 — Golam v OHIM — meta Fackler Arzneimittel (METABIOMAX)
Case T-281/13: Action brought on 24 May 2013 — Golam v OHIM — meta Fackler Arzneimittel (METABIOMAX)
Case T-281/13: Action brought on 24 May 2013 — Golam v OHIM — meta Fackler Arzneimittel (METABIOMAX)
OJ C 215, 27.7.2013, p. 15–16
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
OJ C 215, 27.7.2013, p. 8–8
(HR)
27.7.2013 |
EN |
Official Journal of the European Union |
C 215/15 |
Action brought on 24 May 2013 — Golam v OHIM — meta Fackler Arzneimittel (METABIOMAX)
(Case T-281/13)
2013/C 215/21
Language in which the application was lodged: Greek
Parties
Applicant: Sofia Golam (Athens, Greece) (represented by: N. Trovas, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: meta Fackler Arzneimittel GmbH (Springe, Germany)
Form of order sought
The applicant claims that the General Court should:
— |
uphold the present action, so as to annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 March 2013 in Case R 2022/2011-2; |
— |
reject the opposition of the other party before the Board of Appeal and grant the application lodged by the applicant in its entirety; |
— |
order the other party before the Board of Appeal to pay the applicant the costs of the present proceedings. |
Pleas in law and main arguments
Applicant for a Community trade mark: Sofia Golam
Community trade mark concerned: the word mark ‘METABIOMAX’ for goods in Classes 5, 16 and 30 — Community trade mark application No 8885261
Proprietor of the mark or sign cited in the opposition proceedings: meta Fackler Arzneimittel GmbH
Mark or sign cited in opposition: the German word mark ‘metabiarex’ which has been registered under No 857721, for goods in Class 5
Decision of the Opposition Division: opposition upheld in part
Decision of the Board of Appeal: decision of the Opposition Division annulled in part
Pleas in law: infringement of Article 8(1)(b) and Article 8(5) of Council Regulation No 207/2009 of 26 February 2009