Source: EURLEX
Language: en
Format: md

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| 31.7.2010 | EN | Official Journal of the European Union | C 209/35 |

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Judgment of the General Court of 16 June 2010 — Kureha Corp v OHIM — Sanofi-Aventis (KREMEZIN)

(Case T-487/08)[(1)](#ntr1-C_2010209EN.01003502-E0001)

(Community trade mark - Opposition proceedings - Application for Community word mark KREMEZIN - Earlier international word mark KRENOSIN - 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) - Proof of existence of the earlier trade mark - Time-limits - Rules 19 and 20 of Regulation (EC) No 2868/95 - Proof of genuine use of the earlier mark - Article 43(2) and (3) of Regulation No 40/94 (now Article 42(2) and (3) of Regulation No 207/2009))

2010/C 209/52

Language of the case: English

Parties

Applicant: Kureha Corp. (Tokyo, Japan) (represented by: W. von der Osten-Sacken and O. Sude, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Sanofi-Aventis SA (Paris, France) (represented by: R. Gilbey, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 15 September 2008 (Case R 1631/2007-4), concerning opposition proceedings between Sanofi-Aventis SA and Kureha Corp.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Kureha Corp. to pay its own costs and those of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM); |

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| 3. | Orders Sanofi-Aventis SA to bear its own costs. |

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