Order of the Court of First Instance of 18 February 2008 - Altana Pharma v OHIM - Avensa (PNEUMO UPDATE)
(Community trade mark - Opposition proceedings - Application for Community word mark PNEUMO UPDATE - Earlier national word mark Pneumo - Action in part manifestly inadmissible and in part manifestly wholly unfounded in law)
Language of the case: German
Parties
Applicant: Altana Pharma AG (Constance, Germany) (represented by: H. Becker, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: R. Pethke, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Avensa AG (Zoug, Switzerland)
Re:
Action brought against the decision of the Second Chamber of the Board of Appeal of OHIM of 11 September 2006 (Case R 668/2005-2) concerning opposition proceedings between Avensa AG and Altana Pharma AG.
Operative part of the order
The Court:
1. The action is dismissed as in part manifestly inadmissible and in part manifestly wholly unfounded in law.
2. Altana Pharma AG is ordered to pay the costs.
____________1 - OJ C 326, 31.12.2006.