Action brought on 8 February 2013 - Boehringer Ingelheim Pharma/OHIM - Nepentes (Momarid)

(Case T-75/13)

Language in which the application was lodged: English

Parties

Applicant: Boehringer Ingelheim Pharma (Ingelheim, Germany) (represented by: V. von Bomhard and D. Slopek, lawyers)

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

Other party to the proceedings before the Board of Appeal: Nepentes S.A. (Warsaw, Poland)

Form of order sought

The applicant claims that the Court should:

Annul OHIM's Fourth Board of Appeal's decision of 28 November 2012 in Case R 2292/2011-4 in so far as it allowed registration of the mark MOMARID in respect of sanitary preparations for medical purposes; dietetic substances adapted for medical use; pharmaceutical and medical preparations, substances and products for protecting, maintaining, treating or conditioning for the skin, body, face, mouth, lips, eyes, hair, hands and nails; pharmaceutical and medical preparations and substances for the care and appearance of the skin, body, face, mouth, lips, eyes, hair, hands and nails; pharmaceutical and medical products and preparations for slimming purposes; dermatological pharmaceutical products, preparations and substances; dermatological preparations for the prevention and treatment of skin disorders; dermatological preparations (medicated); pharmaceutical preparations for the treatment of dermatological disorders; pharmaceutical preparations for the topical treatment of dermatological disorders; dermatological medicinal products; veterinary pharmaceutical preparations for dermatological use; veterinary medicinal products for treatment of hormonal disorders; hormones for medical purposes; hormone preparations for veterinary use; hormones; steroid products, hormone preparations for pharmaceutical and medical use; hygiene products; chemicals for pharmaceutical use (the "Contested Goods");

Order that the costs of the proceedings be borne by the defendant, or - in the event that the other party before OHIM intervenes on the side of the defendant - that they be borne jointly by the defendant and the intervener

Pleas in law and main arguments

Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The word mark " Momarid ", for goods and services in class 5 - Community trade mark application No 9 164 328

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

Mark or sign cited in opposition: Community trade mark No 2 396 448 of the mark "LONARID" for goods in class 5

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Upheld the appeal in part

Pleas in law: Infringement of Article 75 of Council Regulation No 207/2009 in conjunction with Rule 50(2)(h) Commission Regulation No 2868/95 and Article 8(1)(b) of Council Regulation No 207/2009.

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