Judgment of the General Court of 3 July 2013 – Cytochroma Development v OHIM – Teva Pharmaceutical Industries (ALPHAREN)
(Case T-106/12) 1
(Community trade mark – Opposition proceedings – Application for the Community word mark ALPHAREN – Earlier national word marks ALPHA D3 – Relative ground for refusal – Compliance by OHIM with a judgment annulling a decision of its Boards of Appeal – Article 65(6) of Regulation (EC) No 207/2009 – Composition of the Boards of Appeal – Article 1(d) of Regulation (EC) No 216/96)
Language of the case: English
Parties
Applicant: Cytochroma Development, Inc. (Saint Michael, Barbados) (represented by: S. Malynicz, Barrister, and A. Smith, Solicitor)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Teva Pharmaceutical Industries Ltd (Jerusalem, Israel)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 2 December 2011 (Case R 1235/2011-1), relating to opposition proceedings between Teva Pharmaceutical Industries Ltd and Cytochroma Development, Inc.
Operative part of the judgment
The Court:
1. Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 2 December 2011 (Case R 1235/2011-1);
2. Orders OHIM to pay the costs.
____________1 OJ C 138, 12.5.2012.