Action brought on 2 January 2007 - Galderma v OHIM - Lelas (Nanolat)
(Case T-6/07)
Language in which the application was lodged: German
Parties
Applicant: Galderma SA (Cham, Switzerland) (represented by N. Hebeis, 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: Tihomir Lelas
Form of order sought
annul the decision of the Fourth Board of Appeal of 25 October 2006 in Case R 0146/2006-4 in so far as the opposition against the goods 'Pharmaceuticals; pharmaceutical and veterinary products and preparations for health care; soaps; cosmetics and hair lotions' was rejected;
refuse Community trade mark application 003088986 NANOLAT for the goods mentioned above;
order OHIM to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: Tihomir Lelas
Community trade mark concerned: Word mark Nanolat for goods in Classes 1, 3 and 5 (application No 3 088 986)
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: German word mark TANNOLACT for goods in Class 5
Decision of the Opposition Division: Opposition rejected
Decision of the Board of Appeal: Appeal dismissed
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
____________1 - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).