Source: EURLEX
Language: en
Format: md

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| 24.2.2007 | EN | Official Journal of the European Union | C 42/44 |

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Action brought on 5 January 2007 — Sanofi-Aventis v OHIM — AstraZeneca (EXANTIN)

(Case T-4/07)

(2007/C 42/77)

Language in which the application was lodged: English

Parties

Applicant: Sanofi-Aventis SA (Paris, France) (represented by: R. Gilbey, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: AstraZeneca AB (Södertälje, Sweden)

Form of order sought

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| — | Annul the decision of the First Board of Appeal dated 10 October 2006, case R 1302/2005-1, and uphold the appellant's contention that there exists a likelihood of confusion between the marks in conflict; |

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| — | order the Office for Harmonisation in the Internal Market to bear the costs of the appellant in the present instance. |

Pleas in law and main arguments

Applicant for the Community trade mark: AstraZeneca AB

Community trade mark concerned: The word mark ‘EXANTIN’ for goods in class 5 — application No 2 694 115

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited: The international and national word marks ‘ELOXATIN’ and ‘ELOXATINE’ for goods in class 5

Decision of the Opposition Division: Rejection of the opposition

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: The Board of Appeal failed to identify the relevant public in its entirety, and erroneously established a hierarchy of attentiveness between the sections of the relevant public that it identified.

Furthermore, the Board of Appeal failed to apply the appropriate criteria in comparing the goods and failed to compare the signs globally. Consequently the Board of Appeal erroneously held that there was no likelihood of confusion.

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