EUR-Lex Access to European Union law
This document is an excerpt from the EUR-Lex website
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.
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.
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.
European Court Reports 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. |