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Document 62008TJ0412

    Judgment of the General Court (Third Chamber) of 15 December 2009.
    Trubion Pharmaceuticals, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Opposition proceedings - Application for the Community word mark TRUBION - Earlier Community figurative mark TriBion Harmonis - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009).
    Case T-412/08.

    European Court Reports 2009 II-00239*

    ECLI identifier: ECLI:EU:T:2009:507





    Judgment of the General Court (Third Chamber) of 15 December 2009 – Trubion Pharmaceuticals v OHIM – Merck (TRUBION)

    (Case T-412/08)

    Community trade mark – Opposition proceedings – Application for the Community word mark TRUBION – Earlier Community figurative mark TriBion Harmonis – Relative ground for refusal – Likelihood of confusion – 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 28, 56-58)

    Re:

    ACTION brought against the decision of the Second Board of Appeal of OHIM of 3 July 2008 (Case R 1605/2007-2), relating to opposition proceedings between Trubion Pharmaceuticals, Inc. and Merck KGaA.

    Information relating to the case

    Applicant for the Community trade mark:

    Trubion Pharmaceuticals, Inc.

    Community trade mark sought:

    Word mark TRUBION for goods and services in Classes 5 and 42

    Proprietor of the mark or sign cited in the opposition proceedings:

    Merck KGaA

    Mark or sign cited in opposition:

    Community trade mark registration No 72884 of the word mark BION registered for various goods; Community trade mark registration No 3282936 of the figurative mark TriBion Harmonis registered for various goods

    Decision of the Opposition Division:

    Opposition upheld in respect of the goods in Class 5 and dismissed in respect of the remaining services in Class 42

    Decision of the Board of Appeal:

    Appeal dismissed


    Operative part

    The Court:

    1.

    Dismisses the action;

    2.

    Orders Trubion Pharmaceuticals, Inc. to pay the costs.

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