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) Likelihood of confusion Application for the Community word mark TRUBION Earlier Community figurative mark TriBion Harmonis
Sumário
Judgment of the General Court (Third Chamber) of 15 December 2009.
Trubion Pharmaceuticals, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for the Community word mark TRUBION - Earlier Community figurative mark TriBion Harmonis - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009).
Case T-412/08.
Texto da decisão
Judgment of the General Court (Third Chamber) of 15 December 2009 – Trubion Pharmaceuticals v OHIM – Merck (TRUBION)
(Case T-412/08)
Community trade mark – Opposition proceedings – Application for the Community word mark TRUBION – Earlier Community figurative mark TriBion Harmonis – Relative ground for refusal – Likelihood of confusion – 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 28, 56-58)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 3 July 2008 (Case R 1605/2007-2), relating to opposition proceedings between Trubion Pharmaceuticals, Inc. and Merck KGaA. |
Information relating to the case
|
Applicant for the Community trade mark: |
Trubion Pharmaceuticals, Inc. |
|
Community trade mark sought: |
Word mark TRUBION for goods and services in Classes 5 and 42 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Merck KGaA |
|
Mark or sign cited in opposition: |
Community trade mark registration No 72884 of the word mark BION registered for various goods; Community trade mark registration No 3282936 of the figurative mark TriBion Harmonis registered for various goods |
|
Decision of the Opposition Division: |
Opposition upheld in respect of the goods in Class 5 and dismissed in respect of the remaining services in Class 42 |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Trubion Pharmaceuticals, Inc. to pay the costs. |