Source: EURLEX
Language: en
Format: md

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| 23.10.2010 | EN | Official Journal of the European Union | C 288/37 |

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Judgment of the General Court of 8 September 2010 — 4care v OHIM — Laboratorios Diafarm (Acumed)

(Case T-575/08) [(1)](#ntr1-C_2010288EN.01003701-E0001)

(Community trade mark - Opposition proceedings - Application for Community figurative mark Acumed - Earlier national word mark AQUAMED ACTIVE - 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))

(2010/C 288/70)

Language of the case: German

Parties

Applicant: 4care AG (Kiel, Germany) (represented by: S. Redeker and M. Diesbach, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Laboratorios Diafarm, SA (Barberà del Vallès, Spain) (represented by: E. Sugrañes Coca, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 7 October 2008 (Case R 1636/2007-2), relating to opposition proceedings between Laboratorios Diafarm, SA and 4care AG.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders 4care AG to pay the costs. |

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