Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 13.2.2010 | EN | Official Journal of the European Union | C 37/35 |

---

Judgment of the General Court of 15 December 2009 — Trubion Pharmaceuticals v OHIM — Merck (TRUBION)

(Case T-412/08)[(1)](#ntr1-C_2010037EN.01003501-E0001)

(Community trade mark - Opposition proceedings - Application for the Community word mark TRUBION - Earlier Community figurative mark TriBion Harmonis - 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))

2010/C 37/46

Language of the case: English

Parties

Applicant: Trubion Pharmaceuticals, Inc. (Seattle, Washington, United States) (represented by: C. Hertz-Eichenrode, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Merck KGaA (Darmstadt, Germany) (represented initially by M. Best and R. Freitag, and subsequently by M. Best and U. Pfleghar, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 3 July 2008 (Case R 1605/2007-2), relating to opposition proceedings between Trubion Pharmaceuticals, Inc. and Merck KGaA.

Operative part of the judgment

The Court:

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

|  |  |
| --- | --- |
| 2. | Orders Trubion Pharmaceuticals, Inc. to pay the costs. |

---

[Top](#document1)