Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Second Chamber) of 13 February 2008 – Sanofi‑Aventis v OHIM – GD Searle (ATURION)**

**(Case T-146/06)**

Community trade mark – Opposition proceedings – Application for Community word mark ATURION – Earlier national mark URION – Relative ground for refusal – Lack of likelihood of confusion – Lack of similarity between the signs – 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 71-73)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the First Board of Appeal of OHIM of 3 February 2006 (Case R 227/2005‑1) concerning opposition proceedings between Sanofi-Aventis SA and GD Searle LLC. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | GD Searle LLC |
| Community trade mark sought: | Word mark ATURION for goods in Class 5 – Application No 1662311 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Sanofi-Aventis SA |
| Mark or sign cited in opposition: | National word mark URION for goods in Class 5 |
| Decision of the Opposition Division: | Rejection of the opposition |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Sanofi-Aventis SA to pay the costs. |

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