Community trade mark Absolute ground for refusal Article 7(1)(b) and (c) of Regulation (EC) No 40/94 Partially descriptive character Application for Community word mark BioGeneriX
Sumário
Judgment of the Court of First Instance (Fourth Chamber) of 10 September 2008.
Astex Therapeutics Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for Community word mark BioGeneriX - Absolute ground for refusal - Partially descriptive character - Article 7(1)(b) and (c) of Regulation (EC) No 40/94.
Case T-48/06.
Texto da decisão
Judgment of the Court of First Instance (Fourth Chamber) of 10 September 2008 – Astex Therapeutics v OHIM – Protec Health International (astex TECHNOLOGY)
(Case T-48/06)
Community trade mark – Opposition proceedings – Application for the Community figurative mark astex TECHNOLOGY – Earlier Community word mark ASTEX – Relative ground for refusal – Likelihood of confusion – Restriction of the goods designated in the trade mark application – Article 8(1)(b) of Regulation No 40/94
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 70-72)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 29 November 2005 (Case R 651/2004-2) concerning opposition proceedings between Protec Health International Ltd and Astex Therapeutics Ltd. |
Information relating to the case
|
Applicant for the Community trade mark: |
Astex Therapeutics Ltd |
|
Community trade mark sought: |
Figurative mark astex TECHNOLOGY for goods in Class 5 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Protec Health International Ltd |
|
Mark or sign cited in opposition: |
Word mark ASTEX for goods and services in Classes 5 and 24 |
|
Decision of the Opposition Division: |
Registration refused |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Astex Therapeutics Ltd to pay the costs. |