Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (First Chamber) of 9 September 2011 – Omnicare v OHIM – Astellas Pharma (OMNICARE CLINICAL RESEARCH)**

**(Case T-289/09)**

Community trade mark – Opposition proceedings – Application for Community word mark OMNICARE CLINICAL RESEARCH – Earlier national figurative mark OMNICARE – Likelihood of confusion – Similarity of the signs – Similarity of the services – Genuine use of the earlier mark

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 207/2009, Art. 8(1)(b)) (see para. 95)

**Re:**

|  |  |
| --- | --- |
|  | ACTION against the decision of the Fourth Board of Appeal of OHIM of 14 May 2009 (Case R 401/2008-4), concerning opposition proceedings between Yamanouchi Pharma GmbH and Omnicare, Inc. |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Omnicare, Inc. to pay the costs. |

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