CELEX: 62007TJ0095
Community trade mark
Opposition proceedings
Application for the Community word mark PRAZOL
Earlier national word mark PREZAL
Relative ground for refusal
Likelihood of confusion
Article 8(1)(b) of Regulation (EC) No 40/94

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 8 February 2007 (Case R 302/2005-4), relating
to opposition proceedings between Altana Pharma AG and Aventis Pharma SA.
Information relating to the case
Applicant for the Community trade mark:
Nycomed GmbH, formerly Altana Pharma AG
Community trade mark sought:
Word mark PRAZOL for goods in Class 5 – Application No 1154269
Proprietor of the mark or sign cited in the opposition proceedings:
Aventis Pharma SA
Mark or sign cited in opposition:
National word mark PREZAL for goods in Class 5
Decision of the Opposition Division:
Opposition upheld
Decision of the Board of Appeal:
Decision of the Opposition Division annulled and the opposition dismissed
Operative part
The Court:
1.
Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) of 8 February 2007 (Case R 302/2005‑4);
2.
Orders OHIM to bear its own costs and to pay those incurred by Aventis Pharma SA;
3.
Orders Nycomed GmbH to bear its own costs.