Action brought on 19 February 2008 — CureVac v OHIM — Qiagen (RNAiFect)

(Case T-80/08)

(2008/C 107/57)

Language in which the application was lodged: German

Parties

Applicant: CureVac GmbH (Tübingen, Germany) (represented by: F. von Stosch, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Qiagen GmbH (Hilden, Germany)

Form of order sought

The applicant claims that the Court should:

Pleas in law and main arguments

Applicant for a Community trade mark: Qiagen GmbH

Community trade mark concerned: The word mark ‘RNAiFect’ for goods in Classes 1, 5 and 9 (Application No 3 304 813)

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

Mark or sign cited in opposition: the word mark ‘RNActive’ for goods in Classes 1 and 5 (Community trade mark No 2 953 768), albeit that the opposition was brought against registration in respect of certain goods in Classes 1 and 5

Decision of the Opposition Division: Rejection of the opposition

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94 (1) as there is a likelihood of confusion between the opposing marks due to the identity of the goods and the similarity of the marks.

(1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).