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.