Source: EURLEX
Language: en
Format: md

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| 19.3.2011 | EN | Official Journal of the European Union | C 89/16 |

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Judgment of the General Court of 9 February 2011 — Ineos Healthcare v OHIM — Teva Pharmaceutical Industries (ALPHAREN)

(Case T-222/09)[(1)](#ntr1-C_2011089EN.01001602-E0001)

(Community trade mark - Opposition proceedings - Application for the Community word mark ALPHAREN - Earlier national word marks ALPHA D3 - 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) - Examination of the facts of its own motion - Article 74 of Regulation No 40/94 (now Article 76 of Regulation No 207/2009))

2011/C 89/37

Language of the case: English

Parties

Applicant: Ineos Healthcare Ltd (Warrington, Cheshire, United Kingdom) (represented by: S. Malynicz, Barrister, and A. Smith, Solicitor)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Teva Pharmaceutical Industries Ltd (Jerusalem, Israel)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 24 March 2009 (Case R 1897/2007-2), concerning opposition proceedings between Teva Pharmaceutical Industries Ltd and Ineos Healthcare Ltd

Operative part of the judgment

The Court:

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| 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 24 March 2009 (Case R 1897/2007-2) as regards the goods in the following categories: ‘Pharmaceutical and veterinary preparations containing magnesium iron hydroxy carbonate or hydrotalcite or derivatives of these compounds’, ‘Phosphate binders for use in the treatment of hyperphosphataemia’; |

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| 2. | Dismisses the action as to the remainder; |

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| 3. | Orders OHIM to bear its own costs and to pay half of the costs incurred by Ineos Healthcare Ltd; |

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| 4. | Orders Ineos Healthcare to bear half of its own costs. |

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