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Document 62009TJ0289
Summary of the Judgment
Summary of the Judgment
Keywords
Subject of the case
Operative part
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 207/2009, Art. 8(1)(b)) (see para. 95
)
Re:
ACTION against the decision of the Fourth Board of Appeal of OHIM of 14 May 2009 (Case R 401/2008-4), concerning opposition proceedings between Yamanouchi Pharma GmbH and Omnicare, Inc.
Operative part
The Court:
1. Dismisses the action;
2. Orders Omnicare, Inc. to pay the costs.