Community trade mark Opposition proceedings Relative ground for refusal Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) Application for Community word mark Sorvir Earlier Community word mark NORVIR
Sumário
Judgment of the General Court (Sixth Chamber) of 13 September 2010.
Abbott Laboratories v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for Community word mark Sorvir - Earlier Community word mark NORVIR - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009).
Case T-149/08.
Texto da decisão
Judgment of the General Court (Sixth Chamber) of 13 September 2010 – Abbott Laboratories v OHIM – aRigen (Sorvir)
(Case T-149/08)
Community trade mark – Opposition proceedings – Application for Community word mark Sorvir – Earlier Community word mark NORVIR – Relative ground for refusal – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)
Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 23, 38-41)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 6 February 2008 (Case R 809/2007‑2), relating to opposition proceedings between Abbott Laboratories and aRigen, Inc. |
Information relating to the case
|
Applicant for the Community trade mark: |
aRigen, Inc. |
|
Community trade mark sought: |
Word mark Sorvir for goods in Class 5 – Application No 004455507 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Abbott Laboratories |
|
Mark or sign cited in opposition: |
Word mark NORVIR for goods in Class 5 |
|
Decision of the Opposition Division: |
Opposition dismissed in its entirety |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 6 February 2008 (Case R 809/2007-2); |
|
2. |
Orders OHIM to bear its own costs and to pay those of Abbott Laboratories. |