Action brought on 16 August 2006 - Neurim Pharmaceuticals (1991) v OHIM - Eurim-Pharm Arzneimittel (Neurim PHARMACEUTICALS)
(Case T-218/06)
Language in which the application was lodged: German
Parties
Applicant: Neurim Pharmaceuticals (1991) Ltd (Tel Aviv, Israel) (represented by: M. Kinkeldey, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Eurim-Pharm Arzneimittel GmbH
Forms of order sought
annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade, Marks and Designs) of 2 June 2006 - Appeal number R 74/2006-1 - in its entirety;
order the defendant to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant.
Community trade mark concerned: The figurative mark 'Neurim PHARMACEUTICALS' for goods in Classes 5 and 10.
Proprietor of the mark or sign cited in the opposition proceedings: Eurim-Pharm Arzneimittel GmbH.
Mark or sign cited in opposition: The word mark 'EURIM-PHARM' (Community trade mark No 667 899 and national mark) and the trade mark right for 'Eurim-Pharm GmbH' for goods in Class 5.
Decision of the Opposition Division: Grant of the opposition and refusal of the application.
Decision of the Board of Appeal: Dismissal of the appeal as inadmissible.
Pleas in law: Infringement of Article 59 of Regulation (EC) No 40/94
1 and Rules 48, 49 and 96 of Regulation (EC) No 2868/95
2, infringement of Article 78 and Article 78a of Regulation No 40/94 and infringement of the principle by which OHIM is bound by its own decisions and the principle of proportionality.
____________1 - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1). 2 - Commission Regulation (EC) No 2868/95 of 13 December 1995 implementing Council Regulation (EC) No 40/94 on the Community trade mark (OJ 1995 L 303, p. 1).