Judgment — ECLI:EU:T:2010:398
Date: 2010-09-13
Language of the case: English
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - successful

Order of the General Court of 13 September 2010 - Abbott Laboratories v OHIM - aRigen (Sorvir) (Case T-149/08) 1 (Community trade mark - Opposition proceedings - Application for Community word mark Sorvir - Earlier Community word mark NORVIR - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) Language of the case: English Parties Applicant: Abbott Laboratories (Abbott Park, Illinois, United States) (represented by: S. Schäffler, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo and A. Folliard-Monguiral, Agents) Other party to the proceedings before the Board of Appeal of OHIM: aRigen, Inc. (Tokyo, Japan) Re: Action brought against the decision of the Second Board of Appeal of OHIM of 6 February 2008 (Case R 809/2007-2) relating to opposition proceedings between Abbott Laboratories and aRigen, Inc. Operative part of the order The General 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 6 February 2008 (Case R 809/2007-2); 2. Orders OHIM to bear its own costs and to pay those of Abbott Laboratories. ____________ 1 - OJ C 142, 7.6.2008.