CELEX: 62007TJ0087
Community trade mark
Opposition proceedings
Application for Community figurative mark affilene
Earlier Community word mark AFFILIN
Relative ground for refusal
Likelihood of confusion
Similarity between products
Article 8(1)(b) of Regulation (EC) No 40/94

ACTION brought against the decision of the Second Board of Appeal of OHIM of 23 January 2007 (Case R 10/2006-2) relating to
opposition proceedings between Scil proteins GmbH and Indena SpA.
Information relating to the case
Applicant for the Community trade mark:
Indena SpA
Community trade mark sought:
Figurative mark affilene for goods in Class 1 – Application No 2751931
Proprietor of the mark or sign cited in the opposition proceedings:
Scil proteins GmbH
Mark or sign cited in opposition:
Community word mark AFFILIN for goods in Classes 1 and 5 – Registration No 2583391
Decision of the Opposition Division:
Opposition upheld
Decision of the Board of Appeal:
Opposition partially upheld
Operative part
The Court:
1.
Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) of 23 January 2007 (Case R 10/2006-2) in so far as it dismisses the opposition with respect to the following
goods: ‘extracts of medicinal plants for use in the pharmaceutical, cosmetic and food industries, not for diagnostic purposes’;
2.
Orders OHIM to pay the costs.