Judgment — ECLI:EU:T:2008:455
Date: 2008-10-21
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 - successful
Origin: France

Judgment of the Court of First Instance (First Chamber) of 21 October 2008 – Aventis Pharma v OHIM – Nycomed (PRAZOL) (Case T-95/07) Community trade mark – Opposition proceedings – Application for the Community word mark PRAZOL – Earlier national word mark PREZAL – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 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 26, 30, 56-57) Re: ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 8 February 2007 (Case R 302/2005-4), relating to opposition proceedings between Altana Pharma AG and Aventis Pharma SA. Information relating to the case Applicant for the Community trade mark: Nycomed GmbH, formerly Altana Pharma AG Community trade mark sought: Word mark PRAZOL for goods in Class 5 – Application No 1154269 Proprietor of the mark or sign cited in the opposition proceedings: Aventis Pharma SA Mark or sign cited in opposition: National word mark PREZAL for goods in Class 5 Decision of the Opposition Division: Opposition upheld Decision of the Board of Appeal: Decision of the Opposition Division annulled and the opposition dismissed Operative part The Court: 1. Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 8 February 2007 (Case R 302/2005‑4); 2. Orders OHIM to bear its own costs and to pay those incurred by Aventis Pharma SA; 3. Orders Nycomed GmbH to bear its own costs.