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Document 62006TJ0048

Judgment of the Court of First Instance (Fourth Chamber) of 10 September 2008.
Astex Therapeutics Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for Community word mark BioGeneriX - Absolute ground for refusal - Partially descriptive character - Article 7(1)(b) and (c) of Regulation (EC) No 40/94.
Case T-48/06.

European Court Reports 2008 II-00161*

ECLI identifier: ECLI:EU:T:2008:329





Judgment of the Court of First Instance (Fourth Chamber) of 10 September 2008 – Astex Therapeutics v OHIM – Protec Health International (astex TECHNOLOGY)

(Case T-48/06)

Community trade mark – Opposition proceedings – Application for the Community figurative mark astex TECHNOLOGY – Earlier Community word mark ASTEX – Relative ground for refusal – Likelihood of confusion – Restriction of the goods designated in the trade mark application – Article 8(1)(b) of Regulation No 40/94

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 70-72)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 29 November 2005 (Case R 651/2004-2) concerning opposition proceedings between Protec Health International Ltd and Astex Therapeutics Ltd.

Information relating to the case

Applicant for the Community trade mark:

Astex Therapeutics Ltd

Community trade mark sought:

Figurative mark astex TECHNOLOGY for goods in Class 5

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

Protec Health International Ltd

Mark or sign cited in opposition:

Word mark ASTEX for goods and services in Classes 5 and 24

Decision of the Opposition Division:

Registration refused

Decision of the Board of Appeal:

Appeal dismissed


Operative part

The Court:

1.

Dismisses the action;

2.

Orders Astex Therapeutics Ltd to pay the costs.

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