Action brought on 30 March 2010 - Meda Pharma v OHIM - Nycomed (ALLERNIL)
(Case T -147/10)
Language in which the application was lodged: German
Parties
Applicant: Meda Pharma GmbH & Co. KG (Bad Homburg, Germany) (represented by: G. Würtenberger and R. Kunze, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal of OHIM: Nycomed GmbH (Konstanz, Germany)
Form of order sought
Annul the decision of the Fourth Board of Appeal of 29 September 2009 in Case R 697/2007-4 concerning the opposition filed on the basis of German mark No 1 042 583 'ALLERGODIL' against application No 4 066 452 for the Community trade mark 'ALLERNIL';
Order the defendant to pay the costs of the proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: Nycomed GmbH
Community trade mark concerned: Word mark 'ALLERNIL' for goods in Class 5
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: German word mark No 1 042 583 'ALLERGODIL' for goods in Class 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 207/2009,
1 since the trade mark law principles of likelihood of confusion were not correctly applied
Infringement of Article 75 of Regulation No 207/2009 due to breach of the duty to give reasons
____________1 - Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).