Action brought on 14 April 2014 — Chemo Ibérica v OHIM — Novartis (EXELTIS)

(Case T-252/14)

Language in which the application was lodged: Spanish

Parties

Applicant: Chemo Ibérica, SA (Barcelona, Spain) (represented by: M.I. Escudero Pérez, lawyer)

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

Other party to the proceedings before the Board of Appeal: Novartis AG (Basel, 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 10 February 2014 in Case R 936/2013-4, and accordingly order that Community trade mark No 10 248 367 ‘EXELTIS’ should be granted in relation to Class 5 of the International Classification;

order the defendant and/or the other party to the proceedings to pay the costs of the proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: Chemo Ibérica, SA

Community trade mark concerned: Word mark ‘EXELTIS’ for goods in Class 5 — Community trade mark application No 10 248 367

Proprietor of the mark or sign cited in the opposition proceedings: Novartis AG

Mark or sign cited in opposition: Word mark ‘EXELON’ for goods in Class 5

Decision of the Opposition Division: Application rejected

Decision of the Board of Appeal: Appeal dismissed

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