Action brought on 14 November 2012 - Sanofi v OHIM - GP Pharm (GEPRAL)

(Case T-493/12)

Language in which the application was lodged: English

Parties

Applicant: Sanofi (Paris, France) (represented by: C. Hertz-Eichenrode, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: GP Pharm, SA (Sant Quinti de Mediona, Spain)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 5 September 2012 in case R 201/2012-2; and

Order OHIM to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The word mark "GEPRAL", for goods in class 5 - International Registration No 1010832 designating the European Union

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: International registration No 418607, with effect in Austria of the word mark "DELPRAL", for goods in class 5

Decision of the Opposition Division: Allowed the opposition in its entirety

Decision of the Board of Appeal: Upheld the appeal and allowed the International registration to proceed in its entirety

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.

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