Action brought on 19 November 2012 - Farmaceutisk Laboratorium Ferring v OHIM - Tillotts Pharma (OCTASA)

(Case T-501/12)

Language in which the application was lodged: English

Parties

Applicant: Farmaceutisk Laboratorium Ferring A/S (Copenhagen, Denmark) (represented by: I. Fowler, Solicitor, A. Renck and J. Fuhrmann, lawyers)

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

Other party to the proceedings before the Board of Appeal: Tillotts Pharma AG (Ziefen, Switzerland)

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 6 September 2012 in case R 1214/2011-4; and.

Order that the costs of the proceedings be borne by the Defendant, or - in the event that the other party to the proceedings before the Board of Appeal intervenes on the side of the Defendant - that they be borne jointly by the Defendant and the Intervener.

Pleas in law and main arguments

Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The word mark "OCTASA", for goods in class 5 - Community trade mark application No 8169881

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

Mark or sign cited in opposition: Austrian trade mark registration No 102370 for the word mark "PENTASA", for among others goods in class 5; Hungarian trade mark registration No 136836 for the word mark "PENTASA", for goods in class 5; Italian trade mark registration No 40977 C/81 for the word mark "PENTASA", for among others goods in class 5; Polish trade mark registration No 71634 for the word mark "PENTASA", for goods in class 5; Slovak trade mark registration No 175482 for the word mark "PENTASA", for goods in class 5; Swedish trade mark registration No 173377 for the word mark "PENTASA", for among others goods in class 5; French trade mark registration No 1699236 for the word mark "PENTASA", for among others goods in class 5; Irish trade mark registration No 107207 for the word mark "PENTASA", for goods in class 5; Czech trade mark registration No 182567 for the word mark "PENTASA", for goods in class 5

Decision of the Opposition Division: Rejected the opposition in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 8(1)(b) and 8(5) of Council Regulation No 207/2009.

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