CELEX: 62008TJ0277
Community trade mark
Opposition proceedings
Application for Community word mark CITRACAL
Earlier national word mark CICATRAL
Relative ground for refusal
Likelihood of confusion
Similarity of the goods
Similarity of the signs
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 Fourth Board of Appeal of OHIM of 5 May 2008 (Case R 459/2007-4) relating to opposition
proceedings between Uriach-Aquilea OTC, SL and Bayer Healthcare LLC.
Information relating to the case
Applicant for the Community trade mark:
Bayer Healthcare LLC
Community trade mark sought:
Word mark CITRACAL for goods in Class 5 – Application No 1757855
Proprietor of the mark or sign cited in the opposition proceedings:
Uriach-Aquilea OTC, SL
Mark or sign cited in opposition:
National word mark CICATRAL for goods in Classes 1 and 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 Bayer Healthcare LLC to pay the costs.