CELEX: 62008TJ0288
Community trade mark
Opposition proceedings
Application for the Community word mark ZYDUS
Earlier Community word mark ZIMBUS
Relative ground for refusal
Likelihood of confusion
Similarity of the goods
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 Second Board of Appeal of OHIM of 7 May 2008 (Case R 1092/2007‑2), relating to
opposition proceedings between Novartis AG and Cadila Healthcare Ltd.
Operative part
The Court:
1.
Dismisses the application for a ruling that there is no need to adjudicate;
2.
Dismisses the action;
3.
Orders Cadila Healthcare Ltd to pay the costs.