CELEX: 62009TJ0290
Community trade mark
Opposition proceedings
Application for Community word mark OMNICARE
Earlier national figurative mark OMNICARE
Likelihood of confusion
Similarity of the signs
Similarity of the services
Genuine use of the earlier mark

ACTION against the decision of the Fourth Board of Appeal of OHIM of 14 May 2009 (Case R 402/2008-4), concerning opposition
proceedings between Yamanouchi Pharma GmbH and Omnicare, Inc.
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Omnicare, Inc. to pay the costs.