Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Eighth Chamber) of 11 June 2009 – Bastos Viegas v OHIM – Fabre Médicament (OPDREX)**

**(Case T-33/08)**

Community trade mark – Opposition proceedings – Application for Community figurative mark OPDREX – Earlier national word mark OPTREX – Relative ground for refusal – Likelihood of confusion – 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 19, 28, 35-37)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 14 November 2007 (Case R 1238/2006-4), relating to opposition proceedings between Pierre Fabre Médicament SA and Bastos Viegas, SA. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Bastos Viegas, SA |
| Community trade mark sought: | Figurative mark OPDREX for goods in Classes 5 and 10 and services in Class 35 – Application No 2429249 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Pierre Fabre Médicament, SA |
| Mark or sign cited in opposition: | National word mark ‘OPTREX’ for goods in Class 5 |
| Decision of the Opposition Division: | Opposition partially upheld, in respect of certain goods in Classes 5 and 10 |
| Decision of the Board of Appeal: | Annulment of the contested decision, in so far as it rejects the Community trade mark application in respect of ‘surgical apparatus and instruments’ in Class 10 |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Dismisses the action; |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Bastos Viegas, SA to pay the costs. |

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