Judgment — ECLI:EU:T:2009:433
Date: 2009-11-11
Language of the case: English
Court formation: First Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Word marks applied for
Procedure: Action for annulment - unfounded

Judgment of the Court of First Instance (First Chamber) of 11 November 2009 – Bayer Healthcare v OHIM – Uriach-Aquilea OTC (CITRACAL) (Case T-277/08) Community trade mark – Opposition proceedings – Application for Community word mark CITRACAL – Earlier national word mark CICATRAL – 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) 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 39, 59-60) Re: ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 5 May 2008 (Case R 459/2007-4) relating to opposition proceedings between Uriach-Aquilea OTC, SL and Bayer Healthcare LLC. Information relating to the case Applicant for the Community trade mark: Bayer Healthcare LLC Community trade mark sought: Word mark CITRACAL for goods in Class 5 – Application No 1757855 Proprietor of the mark or sign cited in the opposition proceedings: Uriach-Aquilea OTC, SL Mark or sign cited in opposition: National word mark CICATRAL for goods in Classes 1 and 5 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 Bayer Healthcare LLC to pay the costs.