Notice for the OJ

 

SEQ CHAPTER \h \r 1

Action brought on 27 August 2004 by SmithKline Beecham p.l.c. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case T-356/04)

Language in which the application was lodged: English

An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) was brought before the Court of First Instance of the European Communities on 27 August 2004 by SmithKline Beecham, Brentford, (United Kingdom) represented by Dr V. von Bomhard, Dr A. Renck, Dr A. Pohlmann and I. Fowler, lawyers.

Warner-Lambert Consumer Healthcare S.Com.p.a. Milan, (Italy) was also a party to the proceedings before the Board of Appeal.

The applicant claims that the Court should:

-    annul the Decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 June 2004 in Case R0018/2004-1

-     order that the costs of the proceedings be borne by the defendant

Pleas in law and main arguments

Applicant for Community trade mark:    SmithKline Beecham p.l.c.

Community trade mark concerned:        Word mark ACTIFAST for goods and services in class 5 (pharmaceutical applications)- application number OHMI 1 902 568

Proprietor of mark or sign cited in the

opposition proceedings:            Warner-Lambert Consumer Healthcare S. Com.p.a.

Trade mark or sign cited in opposition:    National word mark ACTIFED for goods and services in class 5

Decision of the Opposition Division:        Opposition rejected

Decision of the Board of Appeal:        Appeal allowed, opposition allowed, registration denied

Pleas in law:                    Violation of Article 8 (1) (b) Council Regulation No 40/94

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