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Document 62007TJ0087

    Judgment of the Court of First Instance (First Chamber) of 12 November 2008.
    Scil proteins GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Opposition proceedings - Application for Community figurative mark affilene - Earlier Community word mark AFFILIN - Relative ground for refusal - Likelihood of confusion - Similarity between products - Article 8(1)(b) of Regulation (EC) No 40/94.
    Case T-87/07.

    Izvješća Suda EU-a 2008 II-00251*

    ECLI identifier: ECLI:EU:T:2008:487





    Judgment of the Court of First Instance (First Chamber) of 12 November 2008 – Scil proteins v OHIM – Indena (affilene)

    (Case T-87/07)

    Community trade mark – Opposition proceedings – Application for Community figurative mark affilene – Earlier Community word mark AFFILIN – Relative ground for refusal – Likelihood of confusion – Similarity between products – Article 8(1)(b) of Regulation (EC) No 40/94

    Community trade mark – Definition and acquisition of the Community trade mark – Relative ground 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 40-42, 45-52)

    Re:

    ACTION brought against the decision of the Second Board of Appeal of OHIM of 23 January 2007 (Case R 10/2006-2) relating to opposition proceedings between Scil proteins GmbH and Indena SpA.

    Information relating to the case

    Applicant for the Community trade mark:

    Indena SpA

    Community trade mark sought:

    Figurative mark affilene for goods in Class 1 – Application No 2751931

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

    Scil proteins GmbH

    Mark or sign cited in opposition:

    Community word mark AFFILIN for goods in Classes 1 and 5 – Registration No 2583391

    Decision of the Opposition Division:

    Opposition upheld

    Decision of the Board of Appeal:

    Opposition partially upheld


    Operative part

    The Court:

    1.

    Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 23 January 2007 (Case R 10/2006-2) in so far as it dismisses the opposition with respect to the following goods: ‘extracts of medicinal plants for use in the pharmaceutical, cosmetic and food industries, not for diagnostic purposes’;

    2.

    Orders OHIM to pay the costs.

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