Action brought on 19 February 2008 - CureVac v OHIM - Qiagen (RNAiFect)
(Case T -80/08)
Language in which the application was lodged: German
Parties
Applicant: CureVac GmbH (Tübingen, Germany) (represented by: F. von Stosch, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal of OHIM: Qiagen GmbH (Hilden, 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 (OHIM) of 11 December 2007 in Case R 1219/2006-1 relating to Opposition No B 771 495;
Refuse registration of Community trade mark No 3 304 813
Order OHIM to pay the costs
Pleas in law and main arguments
Applicant for a Community trade mark: Qiagen GmbH
Community trade mark concerned: The word mark 'RNAiFect' for goods in Classes 1, 5 and 9 (Application No 3 304 813)
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: the word mark 'RNActive' for goods in Classes 1 and 5 (Community trade mark No 2 953 768), albeit that the opposition was brought against registration in respect of certain goods in Classes 1 and 5
Decision of the Opposition Division: Rejection of the opposition
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94
1 as there is a likelihood of confusion between the opposing marks due to the identity of the goods and the similarity of the marks.
____________1 - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).