Order of the Court (Eighth Chamber) of 8 May 2013 — Cadila Healthcare v OHIM (Case C-268/12 P)

‛Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Likelihood of confusion — Word mark ZYDUS — Opposition by the proprietor of the Community trade mark ZIMBUS — Partial refusal of registration by the Board of Appeal of OHIM’

Appeals — Grounds — Incorrect assessment of the facts and evidence — Inadmissibility — Review by the Court of the assessment of the facts and evidence — Possible only where the clear sense of the evidence has been distorted (Art. 256(1), TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 41)

Re:

Appeal brought against the judgment of the General Court of 15 March 2012 in Case T-288/08 Cadila Healthcare v OHIM — Novartis (ZYDUS), by which the General Court dismissed an action brought by the proprietor of the word mark ‘ZYDUS’ for goods in Classes 3, 5 and 10 for annulment of Decision R 1092/2007-2 of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 7 May 2008 rejecting in part the appeal against the decision of the Opposition Division refusing in part registration of that mark in opposition proceedings brought by the proprietor of the Community trade mark ‘ZIMBUS’ for goods in Class 5 — Likelihood of confusion — Similarity of the goods and signs — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009).

Operative part

1. The appeal is dismissed.

2. Cadila Healthcare Ltd is ordered to pay the costs.

Order of the Court (Eighth Chamber) of 8 May 2013 — Cadila Healthcare v OHIM (Case C-268/12 P)

‛Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Likelihood of confusion — Word mark ZYDUS — Opposition by the proprietor of the Community trade mark ZIMBUS — Partial refusal of registration by the Board of Appeal of OHIM’

Appeals — Grounds — Incorrect assessment of the facts and evidence — Inadmissibility — Review by the Court of the assessment of the facts and evidence — Possible only where the clear sense of the evidence has been distorted (Art. 256(1), TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 41)

Re:

Appeal brought against the judgment of the General Court of 15 March 2012 in Case T-288/08 Cadila Healthcare v OHIM — Novartis (ZYDUS), by which the General Court dismissed an action brought by the proprietor of the word mark ‘ZYDUS’ for goods in Classes 3, 5 and 10 for annulment of Decision R 1092/2007-2 of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 7 May 2008 rejecting in part the appeal against the decision of the Opposition Division refusing in part registration of that mark in opposition proceedings brought by the proprietor of the Community trade mark ‘ZIMBUS’ for goods in Class 5 — Likelihood of confusion — Similarity of the goods and signs — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009).

Operative part

1. The appeal is dismissed.