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7.3.2009 |
EN |
Official Journal of the European Union |
C 55/43 |
Action brought on 22 December 2008 — 4care v OHIM — Laboratorios Diafarm (Acumed)
(Case T-575/08)
(2009/C 55/76)
Language in which the application was lodged: German
Parties
Applicant: 4care AG (Kiel, Germany) (represented by: S. Redeker, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal of OHIM: Laboratorios Diafarm, SA (Barbera del Valles, Spain)
Form of order sought
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Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 7 October 2008 in Case R 16636/2007-2 and reject the opposition entered by Laboratorios Diafarm, SA; |
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order the defendant and Laboratorios Diafarm, SA to pay the costs. |
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant.
Community trade mark concerned: Figurative mark ‘Acumed’ for goods in Classes 3, 5 and 9 (application for registration No 4493136).
Proprietor of the mark or sign cited in the opposition proceedings: Laboratorios Diafarm, SA.
Mark or sign cited in opposition: Spanish word mark ‘AQUAMED ACTIVE’ (trade mark No 2506452) for goods in Class 5 and Community word mark ‘AQUAMED ACTIVE’ (No 2882272) for goods in Class 5.
Decision of the Opposition Division: Opposition allowed.
Decision of the Board of Appeal: Appeal dismissed.
Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94 (1), since there is no likelihood of confusion between the marks at issue.
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).