Case T-252/14 - EU Law and Publications

EN
C 253/30
Official Journal of the European Union
4.8.2014
Operative part of the order
1) There is no longer any need to adjudicate on the action.
2) The applicant and the intervener shall each bear their own costs and each shall pay one half of the costs incurred by the defendant.
(1)
OJ C 207, 20.7.2013.
Order of the General Court of 10 June 2014 — Gruppo Norton v OHIM — Marín Nicolás (Gruppo
Norton S.r.l.)
(Case T-427/13) (1)
(Community trade mark — Opposition Proceedings — Application for Community figurative mark
Gruppo Norton S.r.l. — Earlier national figurative mark NORTON HISPAŃO — Rule 49(1) of
Commission Regulation (EC) No 2868/95 and Article 60 of Regulation (EC) No 207/2009 —
Inadmissibility of the appeal before the Board of Appeal — Action manifestly lacking any foundation in
law)
(2014/C 253/43)
Language of the case: Spanish
Parties
Applicant: Gruppo Norton Srl (Carini, Italy) (represented by: M. García Lirola, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: V. Melgar, acting as
Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Victoriano Marín Nicolás
(Alcantarilla, Spain) (represented by: M. Ruiz Vázquez, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market
(OHIM) of 31 May 2013 (Case R 341/2013-4), concerning opposition proceedings between Mr Victoriano Marín Nicolás
and Gruppo Norton Srl.
Operative part of the order
1) The action is dismissed.
2) Gruppo Norton Srl is ordered to pay the costs.
(1)
OJ C 313, 26.10.2013.
Action brought on 14 April 2014 — Chemo Ibérica v OHIM — Novartis (EXELTIS)
(Case T-252/14)
(2014/C 253/44)
Language in which the application was lodged: Spanish
Parties
Applicant: Chemo Ibérica, SA (Barcelona, Spain) (represented by: M.I. Escudero Pérez, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Novartis AG (Basel, Switzerland)
4.8.2014
EN
Official Journal of the European Union
C 253/31
Form of order sought
The applicant claims that the Court should:
— annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks
and Designs) of 10 February 2014 in Case R 936/2013-4, and accordingly order that Community trade mark
No 10 248 367 ‘EXELTIS’ should be granted in relation to Class 5 of the International Classification;
— order the defendant and/or the other party to the proceedings to pay the costs of the proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: Chemo Ibérica, SA
Community trade mark concerned: Word mark ‘EXELTIS’ for goods in Class 5 — Community trade mark application
No 10 248 367
Proprietor of the mark or sign cited in the opposition proceedings: Novartis AG
Mark or sign cited in opposition: Word mark ‘EXELON’ for goods in Class 5
Decision of the Opposition Division: Application rejected
Decision of the Board of Appeal: Appeal dismissed
Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009.
Action brought on 14 April 2014 — Chemo Ibérica v OHIM — Novartis (EXELTIS)
(Case T-253/14)
(2014/C 253/45)
Language in which the application was lodged: Spanish
Parties
Applicant: Chemo Ibérica, SA (Barcelona, Spain) (represented by: M.I. Escudero Pérez, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Novartis AG (Basel, Switzerland)
Form of order sought
The applicant claims that the Court should:
— annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks
and Designs) of 10 February 2014 in Case R 1022/2013-4, and accordingly order that figurative Community trade
mark No 10 249 035 ‘EXELTIS’ should be granted in relation to Class 5 of the International Classification;
— order the defendant and/or the other party to the proceedings to pay the costs of the proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: Chemo Ibérica, SA
Community trade mark concerned: Figurative mark containing the word element ‘EXELTIS’ for goods in Class 5 — Community
trade mark application No 10 249 035
Proprietor of the mark or sign cited in the opposition proceedings: Novartis AG