CELEX: 62008TJ0412
Community trade mark
Opposition proceedings
Application for the Community word mark TRUBION
Earlier Community figurative mark TriBion Harmonis
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)

ACTION brought against the decision of the Second Board of Appeal of OHIM of 3 July 2008 (Case R 1605/2007-2), relating to
opposition proceedings between Trubion Pharmaceuticals, Inc. and Merck KGaA.
Information relating to the case
Applicant for the Community trade mark:
Trubion Pharmaceuticals, Inc.
Community trade mark sought:
Word mark TRUBION for goods and services in Classes 5 and 42
Proprietor of the mark or sign cited in the opposition proceedings:
Merck KGaA
Mark or sign cited in opposition:
Community trade mark registration No 72884 of the word mark BION registered for various goods; Community trade mark registration
No 3282936 of the figurative mark TriBion Harmonis registered for various goods
Decision of the Opposition Division:
Opposition upheld in respect of  the goods in Class 5 and dismissed in respect of the remaining services in Class 42
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Trubion Pharmaceuticals, Inc. to pay the costs.