Source: EURLEX
Language: en
Format: md

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| 10.9.2011 | EN | Official Journal of the European Union | C 269/48 |

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Judgment of the General Court of 14 July 2011 — ratiopharm v OHIM — Nycomed (ZUFAL)

(Case T-222/10)[(1)](#ntr1-C_2011269EN.01004803-E0001)

(Community trade mark - Opposition proceedings - Application for Community word mark ZUFAL - Earlier Community word mark ZURCAL - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Similarity of the goods - Article 8(1)(b) of Regulation (EC) No 207/2009 - Restriction of the goods designated in the trade mark application - Article 43(1) of Regulation No 207/2009)

2011/C 269/107

Language of the case: German

Parties

Applicant: ratiopharm GmbH (Ulm, Germany) (represented by: S. Völker, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: B. Schmidt, Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Nycomed GmbH (Konstanz, Germany) (represented by: A. Ferchland, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 12 March 2010 (Case R 874/2008-4) relating to opposition proceedings between Nycomed GmbH and ratiopharm GmbH.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders ratiopharm GmbH to pay the costs. |

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