Source: EURLEX
Language: en
Format: md

**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. |

[Top](#document1)