Action brought on 17 March 2014 – Ferring v OHIM – Kora Corporation (Koragel)
(Case T-169/14)
Language in which the application was lodged: English
Parties
Applicant: Ferring BV (Hoofddorp, Netherlands) (represented by: A. Thünken, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Kora Corporation Ltd (Swords, Ireland)
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 13 January 2014 given in Case R 721/2013-4;
Order the defendant and the intervener, should it intervene, to pay the costs of proceedings.
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 “Koragel” for goods in Class 5 –Community trade mark application No 10 490 027
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: The word mark “CHORAGON” for goods in Class 5 – Community trade mark registration No 8 695 314
Decision of the Opposition Division: Rejected the opposition
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8 (1)(b) CTMR.