Keywords
Subject of the case
Operative part

Keywords

Community trade mark

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Definition and acquisition of the Community trade mark

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Relative grounds for refusal

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Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services

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Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 26, 30, 56-57

)

Subject of the case

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

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Operative part

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.