Judgment of the General Court of 2 December 2014 — Boehringer Ingelheim Pharma v OHIM — Nepentes Pharma (Momarid)
(Case T-75/13) 1
(Community trade mark — Opposition proceedings — Application for the Community word mark Momarid — Earlier Community word mark LONARID — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Relevant public — Obligation to state reasons — Article 75 of Regulation No 207/2009)
Language of the case: English
Parties
Applicant: Boehringer Ingelheim Pharma GmbH & Co. KG (Ingelheim, Germany) (represented initially by: V. von Bomhard and D. Slopek, and subsequently by V. von Bomhard, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: L. Rampini, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Nepentes Pharma sp. z o.o. (Warsaw, Poland) (represented by: C. Bercial Arias, K. Dimidjian-Lecompte and C. Casalonga, lawyers)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 28 November 2012 (Case R 2292/2011-4), relating to opposition proceedings between Boehringer Ingelheim Pharma GmbH & Co. KG and Nepentes S.A.
Operative part of the judgment
The Court:
1. Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 28 November 2012 (Case R 2292/2011-4) as regards ‘chemicals for pharmaceutical use’;
2. Dismisses the action as to the remainder;
3. Orders each party to bear its own costs.
________________________1 OJ C 101, 6.4.2013.