CELEX: 62008TJ0575
Community trade mark
Opposition proceedings
Application for Community figurative mark Acumed
Earlier national word mark AQUAMED ACTIVE
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)

ACTION brought against the decision of the Second Board of Appeal of OHIM of 7 October 2008 (Case R 1636/2007-2), concerning
opposition proceedings between Laboratorios Diafarm, SA and 4care AG.
Information relating to the case
Applicant for the Community trade mark:
4care AG
Community trade mark sought:
Figurative mark Acumed for goods in Classes 3, 5 and 9 – Application No 4493136
Proprietor of the mark or sign cited in the opposition proceedings:
Laboratorios Diafarm, SA
Mark or sign cited in opposition:
Spanish word mark AQUAMED ACTIVE (trade mark No 2506452) for goods in Class 5 and Community word mark AQUAMED ACTIVE (No 2882272)
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 4care AG to pay the costs.