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Document 62009TJ0076

    Judgment of the General Court (Eighth Chamber) of 22 June 2011.
    Mundipharma GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Opposition proceedings - Application for the Community figurative mark ‘FARMA MUNDI FARMACEUTICOS MUNDI’ - Earlier Community figurative mark ‘mundipharma’ - 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).
    Case T-76/09.

    Izvješća Suda EU-a 2011 II-00183*

    ECLI identifier: ECLI:EU:T:2011:298





    Judgment of the General Court (Eighth Chamber) of 22 June 2011 – Mundipharma v OHIM – Asociación Farmaceuticos Mundi (FARMA MUNDI FARMACEUTICOS MUNDI)

    (Case T-76/09)

    Community trade mark – Opposition proceedings – Application for the Community figurative mark ‘FARMA MUNDI FARMACEUTICOS MUNDI’ – Earlier Community figurative mark ‘mundipharma’ – 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 30-31)

    Re:

    ACTION brought against the decision of the Second Board of Appeal of OHIM of 1 December 2008 (Case R 825/2008-2) concerning opposition proceedings between Mundipharma GmbH and Asociación Farmaceuticos Mundi.

    Information relating to the case

    Applicant for the Community trade mark:

    Asociación Farmaceuticos Mundi

    Community trade mark sought:

    Figurative mark FARMA MUNDI FARMACEUTICOS MUNDI for goods and services in Classes 5, 35 and 39 – Application No 4841136

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

    Mundipharma GmbH

    Mark or sign cited in opposition:

    Community trade mark registration No 4304622 of the trade mark mundipharma for goods and services in Classes 5 and 44

    Decision of the Opposition Division:

    Opposition dismissed in part

    Decision of the Board of Appeal:

    Appeal dismissed


    Operative part

    The Court:

    1.

    Dismisses the action;

    2.

    Orders Mundipharma GmbH to pay the costs.

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