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Document 62008TJ0288

    Judgment of the General Court (Fifth Chamber) of 15 March 2012.
    Cadila Healthcare Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Opposition proceedings - Application for the Community word mark ZYDUS - Earlier Community word mark ZIMBUS - Relative ground for refusal - Likelihood of confusion - Similarity of the goods - 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-288/08.

    Court reports – general – 'Information on unpublished decisions' section

    ECLI identifier: ECLI:EU:T:2012:124





    Judgment of the General Court (Fifth Chamber) of 15 March 2012 — Cadila Healthcare v OHIM – Novartis (ZYDUS)

    (Case T-288/08)

    Community trade mark — Opposition proceedings — Application for the Community word mark ZYDUS — Earlier Community word mark ZIMBUS — Relative ground for refusal — Likelihood of confusion — Similarity of the goods — 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 32, 62-67)

    Re:

    ACTION brought against the decision of the Second Board of Appeal of OHIM of 7 May 2008 (Case R 1092/2007‑2), relating to opposition proceedings between Novartis AG and Cadila Healthcare Ltd.

    Operative part

    The Court:

    1.

    Dismisses the application for a ruling that there is no need to adjudicate;

    2.

    Dismisses the action;

    3.

    Orders Cadila Healthcare Ltd to pay the costs.

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