2.2.2015
EN
Official Journal of the European Union
C 34/32
Judgment of the General Court of 10 December 2014 — Novartis v OHIM — Dr Organic (BIOCERT)
(Case T-605/11) (1)
((Community trade mark - Opposition proceedings - Application for the Community word mark BIOCERT - Earlier national word mark BIOCEF - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))
(2015/C 034/35)
Language of the case: English
Parties
Applicant: Novartis AG (Basel, Switzerland) (represented by: M. Douglas, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Dr Organic Ltd (Swansea, United Kingdom)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 28 September 2011 (Case R 1030/2010-4), concerning opposition proceedings between Novartis AG and Dr Organic Ltd.
Operative part of the judgment
The Court:
1)
Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 28 September 2011 (Case R 1030/2010-4).
2)
Orders OHIM to pay the costs.
(1) OJ C 32, 4.2.2012.
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