This document is an excerpt from the EUR-Lex website
Document C2006/237/22
Case T-218/06: Action brought on 16 August 2006 — Neurim Pharmaceuticals (1991) v OHIM — Eurim-Pharm Arzneimittel (Neurim PHARMACEUTICALS)
Case T-218/06: Action brought on 16 August 2006 — Neurim Pharmaceuticals (1991) v OHIM — Eurim-Pharm Arzneimittel (Neurim PHARMACEUTICALS)
Case T-218/06: Action brought on 16 August 2006 — Neurim Pharmaceuticals (1991) v OHIM — Eurim-Pharm Arzneimittel (Neurim PHARMACEUTICALS)
IO C 237, 30.9.2006, p. 12–13
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
30.9.2006 |
EN |
Official Journal of the European Union |
C 237/12 |
Action brought on 16 August 2006 — Neurim Pharmaceuticals (1991) v OHIM — Eurim-Pharm Arzneimittel (Neurim PHARMACEUTICALS)
(Case T-218/06)
(2006/C 237/22)
Language in which the application was lodged: German
Parties
Applicant: Neurim Pharmaceuticals (1991) Ltd (Tel Aviv, Israel) (represented by: M. Kinkeldey, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Eurim-Pharm Arzneimittel GmbH
Forms of order sought
— |
annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade, Marks and Designs) of 2 June 2006 — Appeal number R 74/2006-1 — in its entirety; |
— |
order the defendant to pay the costs. |
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant.
Community trade mark concerned: The figurative mark ‘Neurim PHARMACEUTICALS’ for goods in Classes 5 and 10.
Proprietor of the mark or sign cited in the opposition proceedings: Eurim-Pharm Arzneimittel GmbH.
Mark or sign cited in opposition: The word mark ‘EURIM-PHARM’ (Community trade mark No 667 899 and national mark) and the trade mark right for ‘Eurim-Pharm GmbH’ for goods in Class 5.
Decision of the Opposition Division: Grant of the opposition and refusal of the application.
Decision of the Board of Appeal: Dismissal of the appeal as inadmissible.
Pleas in law: Infringement of Article 59 of Regulation (EC) No 40/94 (1) and Rules 48, 49 and 96 of Regulation (EC) No 2868/95 (2), infringement of Article 78 and Article 78a of Regulation No 40/94 and infringement of the principle by which OHIM is bound by its own decisions and the principle of proportionality.
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).
(2) Commission Regulation (EC) No 2868/95 of 13 December 1995 implementing Council Regulation (EC) No 40/94 on the Community trade mark (OJ 1995 L 303, p. 1).