Action brought on 24 July 2012 - Mundipharma v OHIM - AFP Pharmaceuticals (Maxigesic)

(Case T-328/12)

Language in which the application was lodged: German

Parties

Applicant: Mundipharma GmbH (Limburg an der Lahn, Germany) (represented by: F. Nielsen, lawyer)

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

Other party to the proceedings before the Board of Appeal: AFP Pharmaceuticals Ltd (Takapuna, New Zealand)

Form of order sought

The applicant claims that the Court should:

annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 23 May 2012 in Case R 1788/2010-4;

order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: AFP Pharmaceuticals Ltd

Community trade mark concerned: the word mark 'Maxigesic' for goods in Class 5 - Community trade mark application No 7 056 104

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

Mark or sign cited in opposition: the word mark 'OXYGESIC' for goods in Class 5

Decision of the Opposition Division: the opposition was upheld

Decision of the Board of Appeal: the appeal was upheld and the opposition was rejected

Pleas in law: infringement of Article 8(1)(b) of Regulation (EC) No 207/2009

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