Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (First Chamber) of 11 November 2009 – Bayer Healthcare v OHIM – Uriach-Aquilea OTC
(CITRACAL)**

**(Case T-277/08)**

Community trade mark – Opposition proceedings – Application for Community word mark CITRACAL – Earlier national word mark CICATRAL – Relative ground for refusal – Likelihood of confusion – Similarity of the goods – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)

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 39, 59-60)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 5 May 2008 (Case R 459/2007-4) relating to opposition proceedings between Uriach-Aquilea OTC, SL and Bayer Healthcare LLC. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Bayer Healthcare LLC |
| Community trade mark sought: | Word mark CITRACAL for goods in Class 5 – Application No 1757855 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Uriach-Aquilea OTC, SL |
| Mark or sign cited in opposition: | National word mark CICATRAL for goods in Classes 1 and 5 |
| Decision of the Opposition Division: | Opposition upheld |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Bayer Healthcare LLC to pay the costs. |

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