Source: EURLEX
Language: en
Format: md

Order of the Court of First Instance (Second Chamber) of 18 February 2008 – Altana Pharma v OHIM – Avensa (PNEUMO UPDATE

**(Case T-327/06)**

Community trade mark – Opposition proceedings – Application for Community word mark PNEUMO UPDATE – Earlier national word mark Pneumo – Action in part manifestly inadmissible and in part manifestly wholly unfounded in law

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 33-36)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Second Chamber of the Board of Appeal of OHIM of 11 September 2006 (Case R 668/2005‑2) concerning opposition proceedings between Avensa AG and Altana Pharma AG. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Altana Pharma AG |
| Community trade mark sought: | Word mark PNEUMO UPDATE for goods and services in Classes 5, 9, 16, 35, 38 and 41 – Application No 2462049 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Avensa AG |
| Mark or sign cited in opposition: | German word mark Pneumo for goods in Class 5, the opposition being directed only at registration for Class 5 |
| Decision of the Opposition Division: | Opposition upheld |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Dismisses the action as in part manifestly inadmissible and in part manifestly wholly unfounded in law; |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Altana Pharma AG to pay the costs. |

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