Notice for the OJ

 

Action brought on 10 April 2003 by Synopharm GmbH & Co. KG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

    (Case T-120/03)

(Language of the case to be determined in accordance with Article 131(2) of the Rules of Procedure - Language in which the application was submitted: German)

An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) was brought before the Court of First Instance of the European Communities on 10 April 2003 by Synopharm GmbH & Co. KG, Barsbüttel (Germany), represented by G. J. Hodapp, lawyer.

Pentafarma-Sociedade Técnico-Medicinal, LDA, Sacavém (Portugal) was also a party to the proceedings before the Board of Appeal.

The applicant claims that the Court should:

(annul Decision R 44/2002-3 of the Third Board of Appeal of the Office for Harmonisation in the Internal Market of 15 January 2003 in so far as the appeal was dismissed;

(order the Office to pay the costs.

Pleas in law and main arguments

Applicant for Community trade mark:The applicant

Community trade mark sought:The word mark "DERMASYN" for goods in Classes 1, 3 and 5 (inter alia, cosmetics, medicines, pharmaceutical and sanitary preparations and disinfectants for the human body) ( Application No 662 403

Proprietor of mark or sign cited

in the opposition proceedings:Pentafarma-Sociedade Técnico Medicinal, LDA

Mark or sign cited in opposition:The Portuguese word mark "DERMAZIL" for goods in Class 5 (inter alia, pharmaceutical preparations and disinfectants)

Decision of the Opposition Division:    Registration refused in respect of several goods in Classes 3 and 5

Decision of the Board of Appeal:Annulment of the decision of the Opposition Division in respect of certain goods in Class 5. Dismissal of the remainder of the applicant's appeal.

Pleas in law:                    (A similarity between the goods compared can be seen only in respect of goods in Class 5.

                            (The final syllables, which alone are relevant, are clearly different in both sound and appearance.

                            (No likelihood of confusion exists.

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