Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 16.12.2006 | EN | Official Journal of the European Union | C 310/15 |

---

Judgment of the Court of First Instance of 17 October 2006 — Armour Pharmaceutical v OHIM — Teva Pharmaceutical Industries Ltd (GALZIN)

(Case T-483/04)[(1)](#ntr1-C_2006310EN.01001501-E0001)

(Community trade mark - Opposition proceedings - Application for Community word mark GALZIN - Earlier national word mark CALSYN - Relative ground for refusal - Likelihood of confusion - Similarity of goods and signs - Article 8(1)(b) of Regulation (EC) No 40/94 - Article 43(2) and (3) of Regulation No 40/94 - Findings of OHIM - Admissibility)

(2006/C 310/28)

Language of the case: French

Parties

Applicant: Armour Pharmaceutical Co. (Bridgewater, New Jersey United States) (represented by: R. Gilbey, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Pétrequin, 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 Fourth Board of Appeal of OHIM of 7 September 2004 (Case R 295/2003-4) relating to opposition proceedings between Armour Pharmaceutical Co. and Teva Pharmaceutical Industries Ltd

Operative part of the judgment

The Court:

|  |  |
| --- | --- |
| 1. | Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 7 September 2004 (Case R 295/2003-4); |

|  |  |
| --- | --- |
| 2. | Orders OHIM to bear its own costs and to pay those incurred by the applicant. |

---

[Top](#document1)