Community trade mark Opposition proceedings Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) Likelihood of confusion Similarity of the signs Application for the Community word mark AVANZALENE Earlier Community word mark AVANZ
Sumário
Judgment of the General Court (Fifth Chamber) of 4 March 2010.
Mundipharma AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for the Community word mark AVANZALENE - Earlier Community word mark AVANZ - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009).
Case T-477/08.
Texto da decisão
Judgment of the General Court (Fifth Chamber) of 4 March 2010 – Mundipharma v OHIM – ALK-Abelló (AVANZALENE)
(Case T-477/08)
Community trade mark – Opposition proceedings − Application for the Community word mark AVANZALENE – Earlier Community word mark AVANZ – Likelihood of confusion − Similarity of the signs − 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 22-23, 43-45)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 28 August 2008 (Case R 1694/2007-4), relating to opposition proceedings between ALK-Abelló A/S and Mundipharma AG. |
Information relating to the case
|
Applicant for the Community trade mark: |
Mundipharma AG |
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Community trade mark sought: |
Word mark AVANZALENE for goods in Class 5 – application No 4632501 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
ALK-Abelló A/S |
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Mark or sign cited in opposition: |
Community word mark AVANZ for goods in Class 5 (registration No 3331444) |
|
Decision of the Opposition Division: |
Opposition upheld |
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Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Mundipharma AG to pay the costs, except those incurred by ALK‑Abelló A/S; |
|
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3.Orders ALK-Abelló to bear its own costs. |