Judgment of the General Court (Eighth Chamber) of 16 June 2010 – Kureha v OHIM – Sanofi‑Aventis (KREMEZIN)
(Case T-487/08)
Community trade mark – Opposition proceedings – Application for Community word mark KREMEZIN – Earlier international word mark KRENOSIN – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Similarity of the goods – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) – Proof of existence of the earlier trade mark – Time-limits – Rules 19 and 20 of Regulation (EC) No 2868/95 – Proof of genuine use of the earlier mark – Article 43(2) and (3) of Regulation No 40/94 (now Article 42(2) and (3) of Regulation No 207/2009)
1. Community trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the earlier mark – Partial use – Effect (Council Regulation No 40/94, Art. 43(2) and (3)) (see paras 56-57)
2. 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 68-69, 90)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 15 September 2008 (Case R 1631/2007‑4), concerning opposition proceedings between Sanofi-Aventis SA and Kureha Corp. |
Information relating to the case
Applicant for the Community trade mark: |
Kureha Corp. |
Community trade mark sought: |
Word mark KREMEZIN for goods in Class 5 – Application No 2906501 |
Proprietor of the mark or sign cited in the opposition proceedings: |
Sanofi-Aventis SA |
Mark or sign cited in opposition: |
International trade mark registration No 529937 of the word mark KRENOSIN for goods in Class 5 |
Decision of the Opposition Division: |
Opposition upheld |
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders Kureha Corp. to pay its own costs and those of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM); |
3. |
Orders Sanofi-Aventis SA to bear its own costs. |