Action brought on 29 June 2012 - Oro Clean Chemie v OHIM - Merz Pharma (PROSEPT)

(Case T-284/12)

Language in which the application was lodged: German

Parties

Applicant: Oro Clean Chemie AG (Fehraltorf, Switzerland) (represented by: F. Ekey, lawyer)

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

Other party to the proceedings before the Board of Appeal: Merz Pharma GmbH & Co. KGaA (Frankfurt am Main, Germany)

Form of order sought

The applicant claims that the Court should:

annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 29 March 2012 in Case R 1053/2011-1;

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 word mark 'PROSEPT' for goods in Class 5 - Community trade mark application No 8 353 245

Proprietor of the mark or sign cited in the opposition proceedings: Merz Pharma GmbH & Co. KGaA

Mark or sign cited in opposition: the national word mark 'Pursept' 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 the second sentence of Article 75 and Article 76(1) of Regulation No 207/2009

Infringement of Article 8(1)(b) of Regulation No 207/2009

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