Action brought on 2 December 2013 – Meda v OHIM – Takeda (PANTOPREM)

(Case T-647/13)

Language in which the application was lodged: German

Parties

Applicant: Meda AB (Solna, Sweden) (represented by: G. Würtenberger and R. Kunze, lawyers)

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

Other party to the proceedings before the Board of Appeal: Takeda GmbH (Constance, Germany)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Fourth Board of Appeal of 25 September 2013 in Case R 2171/2012-4 concerning the opposition against Community trade mark application No 9 403 973 ‘PANTOPREM’;

Order the Office for Harmonisation in the Internal Market to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant

Community trade mark concerned: the word mark ‘PANTOPREM’ for goods in Class 5 – Community trade mark application No 9 403 973

Proprietor of the mark or sign cited in the opposition proceedings: Takeda GmbH

Mark or sign cited in opposition: the Community word marks ‘PANTOPAN’, ‘PANTOMED’, ‘PANTOPRAZ’ and ‘PANTOPRO’ and the national word mark ‘PANTOP’ for goods in Class 5

Decision of the Opposition Division: the opposition was upheld

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: Infringement of Article 8(1)(b); the first sentence of Article 59; Article 64(1); Article 75; 76(1), in fine; Article 77 and Article 112(1) of Regulation (EC) No 207/2009