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Document 62007TJ0095

    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.

    European Court Reports 2008 II-00229*

    ECLI identifier: ECLI:EU:T:2008:455

    Date of document:
    21/10/2008
    Date lodged:
    30/03/2007
    Author:
    General Court
    Country or organisation from which the request originates:
    France
    Form:
    Judgment
    Authentic language:
    English
    Type of procedure:
    Action for annulment - successful
    Applicant:
    Individual
    Defendant:
    European Union Intellectual Property Office, EU institutions and bodies
    Judge-Rapporteur:
    Tiili
    Treaty:
    Treaty establishing the European Economic Community
    Link
    Select all documents mentioning this document
    Instruments cited in case law:





    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.

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