12.1.2013   

EN

Official Journal of the European Union

C 9/24


Order of the Court (Seventh Chamber) of 18 September 2012 — Omnicare Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Astellas Pharma GmbH

(Case C-587/11 P) (1)

(Appeal - Community trade mark - Application for registration of the word sign ‘OMNICARE CLINICAL RESEARCH’ - Opposition - Decision of the Board of Appeal rejecting the application - Action - Judgment of the General Court dismissing that action - Withdrawal of the opposition - Appeal - No need to adjudicate)

2013/C 9/40

Language of the case: English

Parties

Appellant: Omnicare Inc. (represented by: M. Edenborough, QC)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, acting as Agent), Astellas Pharma GmbH (represented by: M.L. Polo Carreño, abogada)

Re:

Appeal brought against the judgment of the General Court (First Chamber) of 9 September 2011 in Case T-289/09 Omnicare v OHIM — Astellas Pharma (OMNICARE CLINICAL RESEARCH), in which the General Court dismissed an action, brought by the applicant for the word mark ‘OMNICARE CLINICAL RESEARCH’ for services in Class 42, for the annulment of Decision R 401/2008-4 of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 14 May 2009 annulling the Opposition Division’s decision rejecting the opposition brought by the proprietor of the national mark ‘OMNICARE’ for services in Classes 35, 41 and 42 — Interpretation and application of Article 8(1)(b) of Regulation No 207/2009 — Concept of genuine use of an earlier mark — Mark used for services provided free of charge

Operative part of the order

1.

There is no need to adjudicate on the appeal brought by Omnicare Inc.

2.

Omnicare Inc. shall pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) in the course of the present proceedings and the proceedings for interim measures.

3.

Omnicare Inc. and Astellas Pharma GmbH shall each bear their own costs.


(1)  OJ C 25, 28.1.2012.