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30.11.2013 |
EN |
Official Journal of the European Union |
C 352/14 |
Judgment of the General Court of 16 October 2013 — Mundipharma v OHIM — AFT Pharmaceuticals (Maxigesic)
(Case T-328/12) (1)
(Community trade mark - Opposition proceedings - Application for Community word mark Maxigesic - Earlier Community word mark OXYGESIC - Article 8(1)(b) of Regulation (EC) No 207/2009)
2013/C 352/26
Language of the case: German
Parties
Applicant: Mundipharma GmbH (Limburg an der Lahn, Germany) (represented by: F. Nielsen, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: AFT Pharmaceuticals Ltd (Takapuna, New Zealand) (represented by: M. Nentwig, L. Kouker and G.M. Becker, lawyers)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 23 May 2012 (Case R 1788/2010-4), concerning opposition proceedings between Mundipharma GmbH and AFT Pharmaceuticals Ltd
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders Mundipharma GmbH to pay the costs. |