Community trade mark Opposition proceedings Relative ground for refusal Likelihood of confusion Article 8(1)(b) of Regulation (EC) No 40/94 Application for the Community word mark PRAZOL Earlier national word mark PREZAL
Sumário
Judgment of the Court of First Instance (First Chamber) of 21 October 2008.
Aventis Pharma SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for the Community word mark PRAZOL - Earlier national word mark PREZAL - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94.
Case T-95/07.
Texto da decisão
Judgment of the Court of First Instance (First Chamber) of 21 October 2008 – Aventis Pharma v OHIM – Nycomed (PRAZOL)
(Case T-95/07)
Community trade mark – Opposition proceedings – Application for the Community word mark PRAZOL – Earlier national word mark PREZAL – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) 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 26, 30, 56-57)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 8 February 2007 (Case R 302/2005-4), relating to opposition proceedings between Altana Pharma AG and Aventis Pharma SA. |
Information relating to the case
|
Applicant for the Community trade mark: |
Nycomed GmbH, formerly Altana Pharma AG |
|
Community trade mark sought: |
Word mark PRAZOL for goods in Class 5 – Application No 1154269 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Aventis Pharma SA |
|
Mark or sign cited in opposition: |
National word mark PREZAL for goods in Class 5 |
|
Decision of the Opposition Division: |
Opposition upheld |
|
Decision of the Board of Appeal: |
Decision of the Opposition Division annulled and the opposition dismissed |
Operative part
The Court:
|
1. |
Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 8 February 2007 (Case R 302/2005‑4); |
|
2. |
Orders OHIM to bear its own costs and to pay those incurred by Aventis Pharma SA; |
|
3. |
Orders Nycomed GmbH to bear its own costs. |