CELEX: 62008TJ0477
Community trade mark
Opposition proceedings
Application for the Community word mark AVANZALENE
Earlier Community word mark AVANZ
Likelihood of confusion
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 28 August 2008 (Case R 1694/2007-4), relating
to opposition proceedings between ALK-Abelló A/S and Mundipharma AG.
Information relating to the case
Applicant for the Community trade mark:
Mundipharma AG
Community trade mark sought:
Word mark AVANZALENE for goods in Class 5 – application No 4632501
Proprietor of the mark or sign cited in the opposition proceedings:
ALK-Abelló A/S
Mark or sign cited in opposition:
Community word mark AVANZ for goods in Class 5 (registration No 3331444)
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 Mundipharma AG to pay the costs, except those incurred by ALK‑Abelló A/S;

3.Orders ALK-Abelló to bear its own costs.