Judgment of the General Court (Sixth Chamber) of 13 September 2010 – Abbott Laboratories v OHIM – aRigen (Sorvir)
(Case T-149/08)
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)
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 23, 38-41)
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.
Information relating to the case
Applicant for the Community trade mark:
aRigen, Inc.
Community trade mark sought:
Word mark Sorvir for goods in Class 5 – Application No 004455507
Proprietor of the mark or sign cited in the opposition proceedings:
Abbott Laboratories
Mark or sign cited in opposition:
Word mark NORVIR for goods in Class 5
Decision of the Opposition Division:
Opposition dismissed in its entirety
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The 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.