7.1.2012
EN
Official Journal of the European Union
C 6/22
Action brought on 31 October 2011 — Nycomed v OHIM — Bayer Consumer Care (ALEVIAN DUO)
(Case T-561/11)
2012/C 6/40
Language in which the application was lodged: English
Parties
Applicant: Nycomed GmbH (Konstanz, Germany) (represented by: A. Ferchland, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Bayer Consumer Care AG (Basel, Switzerland)
Form of order sought
—
Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 21 July 2011 in case R 1953/2010-1, and dismiss the opposition; and
—
Order the opponent to bear the costs and fees of both the proceedings before the Opposition Division and the appeal proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The word mark ‘ALEVIAN DUO’, for goods in class 5 — Community trade mark application No 6303201
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 in opposition: Community trade mark registration No 786863 of the word mark ‘ALEVE’, for goods in class 5
Decision of the Opposition Division: Rejected the opposition
Decision of the Board of Appeal: Annulled the decision of the Opposition Division
Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal wrongly assessed the existence of likelihood of confusion between the opposing marks.
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