Action brought on 30 March 2007 - Aventis Pharma v OHIM - Altana Pharma (PRAZOL)

(Case T-95/07)

Language in which the application was lodged: English

Parties

Applicant: Aventis Pharma SA (Antony, France) (represented by: R. Gilbey, lawyer)

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

Other party to the proceedings before the Board of Appeal: Altana Pharma AG (Konstanz, Germany)

Form of order sought

Annul the decision of the Fourth Board of Appeal OHIM dated 8 February 2007 Case R 302/2005-4 and confirm the decision of the Opposition Division of 26 January 2005;

order the Office for Harmonisation in the Internal Market to bear the costs of the appellant in the present instance.

Pleas in law and main arguments

Applicant for the Community trade mark: Altana Pharma AG

Community trade mark concerned: The word mark 'PRAZOL' for goods in class 5 - application No 1 154 269

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

Mark or sign cited: The national word mark 'PREZAL' for goods in class 5

Decision of the Opposition Division: Opposition upheld

Decision of the Board of Appeal: Annulment of the Opposition Division's decision and rejection of the opposition

Pleas in law: The Board of Appeal failed to compare the marks globally taking all relevant factors into account.

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