Дело C-268/12: Cadila Healthcare/СХВП, Определение от 8 май 2013 г.

Текст

... Word mark ZYDUS – Opposition by the proprietor of the Community trade mark ZIMBUS – Partial refusal of registration by the Board of Appeal of OHIM)

In Case C‑268/12 P,

APPEAL under Article 56 of the Statute of the Court of Justice of the European Union, brought on 23 May 2012,

Cadila Healthcare Ltd, established in Ahmedabad (India), represented by S. Malynicz, Barrister,

appellant,

the other parties to the proceedings being:

Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by A. Folliard-Monguiral, acting as Agent,

defendant at first instance,

Novartis AG, established in Basle (Switzerland), represented by N. Hebeis, Rechtsanwalt,

intervener at first instance,

THE COURT (Eighth Chamber),

composed of E. Jarašiūnas, President of the Chamber, A. Ó Caoimh and C.G. Fernlund (Rapporteur), Judges,

Advocate General: J. Kokott,

Registrar: A. Calot Escobar,

having decided, after hearing the Advocate General, to give a decision by reasoned order, pursuant to Article 181 of the Rules of Procedure of the Court of Justice,

makes the following

Order

1. By its appeal, Cadila Healthcare Ltd (‘Cadila Healthcare’) seeks to have set aside the judgment of the General Court of the European Union of 15 March 2012 in Case T‑288/08 Cadila Healthcare v OHIM – Novartis (ZYDUS) (‘the judgment under appeal’), by which the General Court dismissed its action for annulment of the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 7 May 2008 (Case R ...