Action brought on 15 April 2013 - Madaus/OHIM - Indena (ECHINAMID)

(Case T-212/13)

Language in which the application was lodged: English

Parties

Applicant: Madaus GmbH (Cologne, Germany) (represented by: V. Töbelmann and A. Späth, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Indena SpA (Milan, Italy)

Form of order sought

The applicant claims that the Court should:

Overturn the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 24 January 2013 (Case R 27/2012-1);

Order OHIM to bear its own costs as well as the costs of the applicant;

In the event that Indena S.p.A. joins in the appeal as an intervening party, order the intervening party to bear its own costs.

Pleas in law and main arguments

Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The word mark "ECHINAMID" for goods in class 1 - Community trade mark application No 6 830 103

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: The Greek word mark "ECHINACIN" for goods in class 5

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.

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