Judgment — ECLI:EU:T:2010:72
Date: 2010-03-04
Language of the case: English
Court formation: Fifth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Judgment of the General Court (Fifth Chamber) of 4 March 2010 – Mundipharma v OHIM – ALK-Abelló (AVANZALENE) (Case T-477/08) Community trade mark – Opposition proceedings − Application for the Community word mark AVANZALENE – Earlier Community word mark AVANZ – Likelihood of confusion − 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) Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 22-23, 43-45) Re: ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 28 August 2008 (Case R 1694/2007-4), relating to opposition proceedings between ALK-Abelló A/S and Mundipharma AG. Information relating to the case Applicant for the Community trade mark: Mundipharma AG Community trade mark sought: Word mark AVANZALENE for goods in Class 5 – application No 4632501 Proprietor of the mark or sign cited in the opposition proceedings: ALK-Abelló A/S Mark or sign cited in opposition: Community word mark AVANZ for goods in Class 5 (registration No 3331444) Decision of the Opposition Division: Opposition upheld Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. 1. Dismisses the action; 2. 2. Orders Mundipharma AG to pay the costs, except those incurred by ALK‑Abelló A/S; 3.Orders ALK-Abelló to bear its own costs.