Action brought on 28 August 2009 — Bard v OHIM — Braun Melsungen (PERFIX)

(Case T-342/09)

2009/C 256/60

Language in which the application was lodged: English

Parties

Applicants: C.R. Bard, Inc. (Murray Hill, United States) (represented by: A. Bryson, Barrister, O. Bray, A. Hobson and G. Warren, Solicitors)

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

Other party to the proceedings before the Board of Appeal: B. Braun Melsungen AG (Melsungen, Germany)

Form of order sought

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The word mark “PERFIX”, for goods in class 10

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited: German trade mark registration of the word mark “PERIFIX” for goods in class 10; International trade mark registration of the word mark “PERIFIX” for goods in class 10

Decision of the Opposition Division: Upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) Council Regulation 40/94 (which became Article 8(1)(b) of Council Regulation 207/2009) as the Board of Appeal wrongly held that there was a likelihood of confusion between the trade marks concerned.