Action brought on 16 February 2009 - Mundipharma v OHIM - Asociación Farmaceuticos Mundi (FARMA MUNDI FARMACEUTICOS MUNDI)
(Case T-76/09)
Language in which the application was lodged: English
Parties
Applicant: Mundipharma GmbH (Limburg (Lahn), Germany) (represented by: F. Nielsen, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Asociación Farmaceuticos Mundi (Alfafar (Valencia), Spain)
Form of order sought
Revoke the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 1 December 2008 in case R 852/2008-2; and
Order OHIM to pay the costs.
Pleas in law and main arguments
Applicant for the Community trade mark: The other party to the proceedings before the Board of Appeal
Community trade mark concerned: The figurative mark "FARMA MUNDI FARMACEUTICOS MUNDI", for goods and services in classes 5, 35 and 39 - application No 4 841 136
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited: Community trade mark registration No 4 304 622 of the trade mark "mundi pharma" for goods and services in classes 5 and 44
Decision of the Opposition Division: Partially rejected the opposition
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8(1)(b) of Council Regulation 40/94 as the Board of Appeal wrongly concluded that there was no similarity of the goods and/or services covered by the trade marks in question
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