CELEX: 62008TJ0487
Community trade mark
Opposition proceedings
Application for Community word mark KREMEZIN
Earlier international word mark KRENOSIN
Relative ground for refusal
Likelihood of confusion
Similarity of the signs
Similarity of the goods
Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)
Proof of existence of the earlier trade mark
Time-limits
Rules 19 and 20 of Regulation (EC) No 2868/95
Proof of genuine use of the earlier mark
Article 43(2) and (3) of Regulation No 40/94 (now Article 42(2) and (3) of Regulation No 207/2009)

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 15 September 2008 (Case R 1631/2007‑4), concerning
opposition proceedings between Sanofi-Aventis SA and Kureha Corp.
Information relating to the case
Applicant for the Community trade mark:
Kureha Corp.
Community trade mark sought:
Word mark KREMEZIN for goods in Class 5 – Application No 2906501
Proprietor of the mark or sign cited in the opposition proceedings:
Sanofi-Aventis SA
Mark or sign cited in opposition:
International trade mark registration No 529937 of the word mark KRENOSIN for goods in Class 5
Decision of the Opposition Division:
Opposition upheld
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Kureha Corp. to pay its own costs and those of the Office for Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM);
3.
Orders Sanofi-Aventis SA to bear its own costs.