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 Similarity of the goods Similarity of the signs Application for Community figurative mark Acumed Earlier national word mark AQUAMED ACTIVE
Sumário
Judgment of the General Court (Fourth Chamber) of 8 September 2010.
4care AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for Community figurative mark Acumed - Earlier national word mark AQUAMED ACTIVE - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Similarity of the goods - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009).
Case T-575/08.
Texto da decisão
Judgment of the General Court (Fourth Chamber) of 8 September 2010 – 4care v OHIM – Laboratorios Diafarm (Acumed)
(Case T-575/08)
Community trade mark – Opposition proceedings – Application for Community figurative mark Acumed – Earlier national word mark AQUAMED ACTIVE – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Similarity of the goods – 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, 55)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 7 October 2008 (Case R 1636/2007-2), concerning opposition proceedings between Laboratorios Diafarm, SA and 4care AG. |
Information relating to the case
|
Applicant for the Community trade mark: |
4care AG |
|
Community trade mark sought: |
Figurative mark Acumed for goods in Classes 3, 5 and 9 – Application No 4493136 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Laboratorios Diafarm, SA |
|
Mark or sign cited in opposition: |
Spanish word mark AQUAMED ACTIVE (trade mark No 2506452) for goods in Class 5 and Community word mark AQUAMED ACTIVE (No 2882272) for goods in Class 5 |
|
Decision of the Opposition Division: |
Opposition upheld |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders 4care AG to pay the costs. |