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Document 62008TJ0412

    Summary of the Judgment

    Keywords
    Subject of the case
    Operative part

    Keywords

    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

    )

    Subject of the case

    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

    >lt>4

    Operative part

    Operative part

    The Court:

    1 . Dismisses the action;

    2. Orders Trubion Pharmaceuticals, Inc. to pay the costs.

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