This document is an excerpt from the EUR-Lex website
Document 62010TN0222
Case T-222/10: Action brought on 12 May 2010 — ratiopharm v OHIM — nycomed (ZUFAL)
Case T-222/10: Action brought on 12 May 2010 — ratiopharm v OHIM — nycomed (ZUFAL)
Case T-222/10: Action brought on 12 May 2010 — ratiopharm v OHIM — nycomed (ZUFAL)
IO C 195, 17.7.2010, p. 27–27
(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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17.7.2010 |
EN |
Official Journal of the European Union |
C 195/27 |
Action brought on 12 May 2010 — ratiopharm v OHIM — nycomed (ZUFAL)
(Case T-222/10)
2010/C 195/42
Language in which the application was lodged: German
Parties
Applicant: ratiopharm GmbH (Ulm, Germany) (represented by: S. Völker, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal of OHIM: nycomed GmbH (Konstanz, Germany)
Form of order sought
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Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 12 March 2010 in Case R 874/2008-4; |
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Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs of the proceedings. |
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant.
Community trade mark concerned: Word mark ‘ZUFAL’ for goods in Class 5.
Proprietor of the mark or sign cited in the opposition proceedings: nycomed GmbH
Mark or sign cited in opposition: Community word mark ‘ZURCAL’ for goods in Class 5 and three national word marks ‘ZURCAL’ for goods in Class 5.
Decision of the Opposition Division: The opposition was upheld.
Decision of the Board of Appeal: The appeal was dismissed.
Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009, (1) since there is no likelihood of confusion between the opposing marks.
(1) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).