Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Fourth Chamber) of 10 September 2008 – Astex Therapeutics v OHIM – Protec Health
International (astex TECHNOLOGY)**

**(Case T-48/06)**

Community trade mark – Opposition proceedings – Application for the Community figurative mark astex TECHNOLOGY – Earlier Community word mark ASTEX – Relative ground for refusal – Likelihood of confusion – Restriction of the goods designated in the trade mark application – Article 8(1)(b) of Regulation No 40/94

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 70-72)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Second Board of Appeal of OHIM of 29 November 2005 (Case R 651/2004-2) concerning opposition proceedings between Protec Health International Ltd and Astex Therapeutics Ltd. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Astex Therapeutics Ltd |
| Community trade mark sought: | Figurative mark astex TECHNOLOGY for goods in Class 5 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Protec Health International Ltd |
| Mark or sign cited in opposition: | Word mark ASTEX for goods and services in Classes 5 and 24 |
| Decision of the Opposition Division: | Registration refused |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Astex Therapeutics Ltd to pay the costs. |

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