Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Eighth Chamber) of 16 June 2010 – Kureha v OHIM – Sanofi‑Aventis (KREMEZIN)**

**(Case T-487/08)**

Community trade mark – Opposition proceedings – Application for Community word mark KREMEZIN – Earlier international word mark KRENOSIN – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Similarity of the goods – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) – Proof of existence of the earlier trade mark – Time-limits – Rules 19 and 20 of Regulation (EC) No 2868/95 – Proof of genuine use of the earlier mark – Article 43(2) and (3) of Regulation No 40/94 (now Article 42(2) and (3) of Regulation No 207/2009)

1.                     *Community trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the
earlier mark – Partial use – Effect (Council Regulation No 40/94, Art. 43(2) and (3)) (see paras 56-57)*

2.                     *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 68-69, 90)*

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 15 September 2008 (Case R 1631/2007‑4), concerning opposition proceedings between Sanofi-Aventis SA and Kureha Corp. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Kureha Corp. |
| Community trade mark sought: | Word mark KREMEZIN for goods in Class 5 – Application No 2906501 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Sanofi-Aventis SA |
| Mark or sign cited in opposition: | International trade mark registration No 529937 of the word mark KRENOSIN for goods in Class 5 |
| Decision of the Opposition Division: | Opposition upheld |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Kureha Corp. to pay its own costs and those of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM); |

|  |  |  |
| --- | --- | --- |
| 3. |  | Orders Sanofi-Aventis SA to bear its own costs. |

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