CELEX: 62009TJ0076
Community trade mark
Opposition proceedings
Application for the Community figurative mark ‘FARMA MUNDI FARMACEUTICOS MUNDI’
Earlier Community figurative mark ‘mundipharma’
Relative ground for refusal
Likelihood of confusion
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 1 December 2008 (Case R 825/2008-2) concerning
opposition proceedings between Mundipharma GmbH and Asociación Farmaceuticos Mundi.
Information relating to the case
Applicant for the Community trade mark:
Asociación Farmaceuticos Mundi
Community trade mark sought:
Figurative mark FARMA MUNDI FARMACEUTICOS MUNDI for goods and services in Classes 5, 35 and 39 – Application No 4841136
Proprietor of the mark or sign cited in the opposition proceedings:
Mundipharma GmbH
Mark or sign cited in opposition:
Community trade mark registration No 4304622 of the trade mark mundipharma for goods and services in Classes 5 and 44
Decision of the Opposition Division:
Opposition dismissed in part
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Mundipharma GmbH to pay the costs.