Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (First Chamber) of 12 November 2008 – Scil proteins v OHIM – Indena (affilene)**

**(Case T-87/07)**

Community trade mark – Opposition proceedings – Application for Community figurative mark affilene – Earlier Community word mark AFFILIN – Relative ground for refusal – Likelihood of confusion – Similarity between products – Article 8(1)(b) of Regulation (EC) No 40/94

Community trade mark – Definition and acquisition of the Community trade mark – Relative ground 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 40-42, 45-52)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Second Board of Appeal of OHIM of 23 January 2007 (Case R 10/2006-2) relating to opposition proceedings between Scil proteins GmbH and Indena SpA. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Indena SpA |
| Community trade mark sought: | Figurative mark affilene for goods in Class 1 – Application No 2751931 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Scil proteins GmbH |
| Mark or sign cited in opposition: | Community word mark AFFILIN for goods in Classes 1 and 5 – Registration No 2583391 |
| Decision of the Opposition Division: | Opposition upheld |
| Decision of the Board of Appeal: | Opposition partially upheld |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 23 January 2007 (Case R 10/2006-2) in so far as it dismisses the opposition with respect to the following goods: ‘extracts of medicinal plants for use in the pharmaceutical, cosmetic and food industries, not for diagnostic purposes’; |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders OHIM to pay the costs. |

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