Action brought on 14 September 2012 - Celtipharm v OHIM - Alliance Healthcare France (PHARMASTREET)

(Case T -411/12)

Language in which the application was lodged: French

Parties

Applicant: Celtipharm (Vannes, France) (represented by: P. Greffe and C. Fendeleur, lawyers)

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

Other party to the proceedings before the Board of Appeal: Alliance Healthcare France SA (Gennevilliers, France)

Form of order sought

Annul the decision corrigendum (of the decision of 2 May 2012) of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 26 June 2012 in Case R 767/2011-2.

Pleas in law and main arguments

Applicant for a Community trade mark: Alliance Healthcare France SA

Community trade mark concerned: Word mark 'PHARMASTREET' for goods and services in Classes 3, 5 and 35 - application for Community trade mark No 8 658 445

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

Mark or sign cited in opposition: National word mark 'PHARMASEE' for goods and services in Classes 9, 35, 38, 42 and 44

Decision of the Opposition Division: The opposition is upheld in part

Decision of the Board of Appeal: The appeal is granted and the decision of the Opposition Division is annulled

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009

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