Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (First Chamber) of 21 October 2008 – Aventis Pharma v OHIM – Nycomed (PRAZOL)**

**(Case T-95/07)**

Community trade mark – Opposition proceedings – Application for the Community word mark PRAZOL – Earlier national word mark PREZAL – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) 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 26, 30, 56-57)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 8 February 2007 (Case R 302/2005-4), relating to opposition proceedings between Altana Pharma AG and Aventis Pharma SA. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Nycomed GmbH, formerly Altana Pharma AG |
| Community trade mark sought: | Word mark PRAZOL for goods in Class 5 – Application No 1154269 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Aventis Pharma SA |
| Mark or sign cited in opposition: | National word mark PREZAL for goods in Class 5 |
| Decision of the Opposition Division: | Opposition upheld |
| Decision of the Board of Appeal: | Decision of the Opposition Division annulled and the opposition dismissed |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 8 February 2007 (Case R 302/2005‑4); |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders OHIM to bear its own costs and to pay those incurred by Aventis Pharma SA; |

|  |  |  |
| --- | --- | --- |
| 3. |  | Orders Nycomed GmbH to bear its own costs. |

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