This document is an excerpt from the EUR-Lex website
Document 62006TA0048
Case T-48/06: Judgment of the Court of First Instance of 10 September 2008 — Astex Therapeutics v OHIM — Protec Health International (astex TECHNOLOGY) (Community trade mark — Opposition proceedings — Application for the Community figurative mark astex TECHNOLOGY — Earlier Community word mark ASTEX — Ground for refusal — Likelihood of confusion — Restriction of the goods designated in the trade mark application — Article 8(1)(b) of Regulation No 40/94)
Case T-48/06: Judgment of the Court of First Instance of 10 September 2008 — Astex Therapeutics v OHIM — Protec Health International (astex TECHNOLOGY) (Community trade mark — Opposition proceedings — Application for the Community figurative mark astex TECHNOLOGY — Earlier Community word mark ASTEX — Ground for refusal — Likelihood of confusion — Restriction of the goods designated in the trade mark application — Article 8(1)(b) of Regulation No 40/94)
Case T-48/06: Judgment of the Court of First Instance of 10 September 2008 — Astex Therapeutics v OHIM — Protec Health International (astex TECHNOLOGY) (Community trade mark — Opposition proceedings — Application for the Community figurative mark astex TECHNOLOGY — Earlier Community word mark ASTEX — Ground for refusal — Likelihood of confusion — Restriction of the goods designated in the trade mark application — Article 8(1)(b) of Regulation No 40/94)
IO C 272, 25.10.2008, p. 19–19
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
|
25.10.2008 |
EN |
Official Journal of the European Union |
C 272/19 |
Judgment of the Court of First Instance of 10 September 2008 — Astex Therapeutics v OHIM — Protec Health International (astex TECHNOLOGY)
(Case T-48/06) (1)
(Community trade mark - Opposition proceedings - Application for the Community figurative mark astex TECHNOLOGY - Earlier Community word mark ASTEX - Ground for refusal - Likelihood of confusion - Restriction of the goods designated in the trade mark application - Article 8(1)(b) of Regulation No 40/94)
(2008/C 272/34)
Language of the case: English
Parties
Applicant: Astex Therapeutics Ltd (Cambridge, United Kingdom) (represented by: M. Edenborough, barrister, and R. Harrison, solicitor)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Protec Health International Ltd (Cirencester, United Kingdom)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 29 November 2005 (Case R 651/2004-2) concerning opposition proceedings between Protec Health International Ltd and Astex Therapeutics Ltd.
Operative part of the judgment
The Court:
|
1. |
Dismisses the action. |
|
2. |
Orders Astex Therapeutics Ltd to pay the costs. |