Action brought on 24 May 2013 – Golam v OHIM – meta Fackler Arzneimittel (METABIOMAX)

(Case T-281/13)

Language in which the application was lodged: Greek

Parties

Applicant: Sofia Golam (Athens, Greece) (represented by: N. Trovas, lawyer)

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

Other party to the proceedings before the Board of Appeal: meta Fackler Arzneimittel GmbH (Springe, Germany)

Form of order sought

The applicant claims that the General Court should:

uphold the present action, so as to annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 March 2013 in Case R 2022/2011-2;

reject the opposition of the other party before the Board of Appeal and grant the application lodged by the applicant in its entirety;

order the other party before the Board of Appeal to pay the applicant the costs of the present proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: Sofia Golam

Community trade mark concerned: the word mark ‘METABIOMAX’ for goods in Classes 5, 16 and 30 – Community trade mark application No 8885261

Proprietor of the mark or sign cited in the opposition proceedings: meta Fackler Arzneimittel GmbH

Mark or sign cited in opposition: the German word mark ‘metabiarex’ which has been registered under No 857721, for goods in Class 5

Decision of the Opposition Division: opposition upheld in part

Decision of the Board of Appeal: decision of the Opposition Division annulled in part

Pleas in law: infringement of Article 8(1)(b) and Article 8(5) of Council Regulation No 207/2009 of 26 February 2009