Action brought on 3 November 2012 - Golam v OHIM - Pentafarma (METABOL)

(Case T-486/12)

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: Pentafarma-Sociedade Tecnico-Medicinal, SA (Prior Velho, Portugal)

Form of order sought

The applicant claims that the General Court should:

uphold the present action, so as to annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 July 2012 in Case R 1901/2011-1;

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 'METABOL' for goods and services in Classes 5, 16 and 30 - Community trade mark application No 8885287

Proprietor of the mark or sign cited in the opposition proceedings: Pentafarma-Sociedade Tecnico-Medicinal, SA

Mark or sign cited in opposition: the Portuguese word mark 'METABOL-MG' which has been registered under No 241841, 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 Articles 8(1)(a) and (b) of Council Regulation No 207/2009

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