Notices for publication in the OJ nº T-342/09 of Court of First Instance of the European Communities, October 24, 2009

• Resolution Date: October 24, 2009
• Issuing Organization: Court of First Instance of the European Communities
• Decision Number: T-342/09

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

(Case T-342/09)

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

Annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 4 June 2009 in case R 1577/2007-5; and

Order the defendant and/or the other party to the proceedings before the Board of Appeal to bear the costs.

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...