Notice for the OJ

 

Action brought on 13 December 2002 by G.D. Searle LLC against the Office for Harmonization in the Internal Market

    (Case T-383/02)

    Language of the case: English

An action against the Office for Harmonization in the Internal Market was brought before the Court of First Instance of the European Communities on 13 December 2002 by G.D. Searle LLC, Illinois, United States of America, represented by Professor W. A. Hoyng, lawyer.

A further party to the proceedings before the Board of Appeal was PHYTO-ESP S.L..

The applicant claims that the Court should:

- annul the decision of the First Board of Appeal of the OHIM of 1 October 2002 (Case R 627/2001-1);

listnum "WP List 1" \l 1order the OHIM to compensate Searle for the costs of these proceedings.

Pleas in law and main arguments:

-Registered Community trade mark against

which a request for declaration on

invalidity has been introduced:The word mark CELEBREX (No 852 372) for certain goods in class 5 (a.o. pharmaceuticals in the nature of anti-inflammatory analgesics)

Applicant for the Community trade mark:G.D. Searle LLC

Applicant for the declaration of invalidity

of the Community trade mark:PHYTO-ESP S.L.

Trade mark or sign of the applicant for

declaration of invalidity:The national word mark CEREBRESP for certain goods in class 5 (pharmaceutical products a.o.)

Decision of the Cancellation Division:Declaration of invalidity of the Community trade mark CELEBREX

Decision of the Board of Appeal:Dismissal of the appeal by G.D. Searle LLC

Grounds of claim:Infringement of Article 8(1)(b) of Regulation No 40/94¹ in that there is no likelihood of confusion between the marks

                            ...

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¹ - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 11, p. 1)