Action brought on 15 April 2013 - Madaus/OHIM - Indena (ECHINAMID)
(Case T-212/13)
Language in which the application was lodged: English
Parties
Applicant: Madaus GmbH (Cologne, Germany) (represented by: V. Töbelmann and A. Späth, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Indena SpA (Milan, Italy)
Form of order sought
The applicant claims that the Court should:
Overturn the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 24 January 2013 (Case R 27/2012-1);
Order OHIM to bear its own costs as well as the costs of the applicant;
In the event that Indena S.p.A. joins in the appeal as an intervening party, order the intervening party to bear its own 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 "ECHINAMID" for goods in class 1 - Community trade mark application No 6 830 103
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: The Greek word mark "ECHINACIN" for goods in class 5
Decision of the Opposition Division: Rejected the opposition
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.
____________