Notice for the OJ

 

Action brought on 29 August 2005. - Rath v OHIM

(Case T -326/05)

(Language of the case: German)

Parties

Applicant(s): Matthias Rath (Cape Town, South Africa) [representative: S. Ziegler, lawyer, C. Kleiner, lawyer and F. Dehn, lawyer]

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

Other party(ies) to the proceedings before the Board of Appeal: AstraZeneca AB (Södertälje, Sweden)

Forms of order sought by the claimant(s)

annulment of the decision of the Fourth Board of Appeal of the Office for Harmonisation within the Internal Market (Trade Marks and Designs) (OHIM) of 18 May 2005;

order of costs against OHIM.

Pleas in law and main arguments

Applicant for the Community trade mark: AstraZeneca AB

Community trade mark affected: The word mark 'VIXACOR' in respect of goods in Class 5 (Application No 1 739 697).

Owner of the opposing mark or sign in the opposition proceedings: the claimant.

Opposing mark or sign: The Community mark 'Vitacor' for goods and services in Classes 5, 16 and 41 (No 689 018), the Community mark 'Vitacor Plus' for goods and services in Classes 5, 16 and 32 (No 1 668 565) and the German trade mark 'Vitacor Plus' for goods in Classes 5, 16 and 31 (No 399 65 690).

Decision of the Opposition Division: Dismissal of the opposition.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94 since there is a likelihood of confusion between the mark applied for and the opposing marks.

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