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Document 62008TJ0033

    Judgment of the General Court (Eighth Chamber) of 11 June 2009.
    Bastos Viegas, SA v European Union Intellectual Property Office.
    Case T-33/08.

    Thuarascálacha na Cúirte Eorpaí 2009 II-00076*

    ECLI identifier: ECLI:EU:T:2009:197





    Judgment of the Court of First Instance (Eighth Chamber) of 11 June 2009 – Bastos Viegas v OHIM – Fabre Médicament (OPDREX)

    (Case T-33/08)

    Community trade mark – Opposition proceedings – Application for Community figurative mark OPDREX – Earlier national word mark OPTREX – 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 19, 28, 35-37)

    Re:

    ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 14 November 2007 (Case R 1238/2006-4), relating to opposition proceedings between Pierre Fabre Médicament SA and Bastos Viegas, SA.

    Information relating to the case

    Applicant for the Community trade mark:

    Bastos Viegas, SA

    Community trade mark sought:

    Figurative mark OPDREX for goods in Classes 5 and 10 and services in Class 35 – Application No 2429249

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

    Pierre Fabre Médicament, SA

    Mark or sign cited in opposition:

    National word mark ‘OPTREX’ for goods in Class 5

    Decision of the Opposition Division:

    Opposition partially upheld, in respect of certain goods in Classes 5 and 10

    Decision of the Board of Appeal:

    Annulment of the contested decision, in so far as it rejects the Community trade mark application in respect of ‘surgical apparatus and instruments’ in Class 10


    Operative part

    The Court:

    1.

    Dismisses the action;

    2.

    Orders Bastos Viegas, SA to pay the costs.

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