Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Eighth Chamber) of 22 June 2011 – Mundipharma v OHIM – Asociación Farmaceuticos Mundi (FARMA
MUNDI FARMACEUTICOS MUNDI)**

**(Case T-76/09)**

Community trade mark – Opposition proceedings – Application for the Community figurative mark ‘FARMA MUNDI FARMACEUTICOS MUNDI’ – Earlier Community figurative mark ‘mundipharma’ – Relative ground for refusal – Likelihood of confusion – 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 30-31)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Second Board of Appeal of OHIM of 1 December 2008 (Case R 825/2008-2) concerning opposition proceedings between Mundipharma GmbH and Asociación Farmaceuticos Mundi. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Asociación Farmaceuticos Mundi |
| Community trade mark sought: | Figurative mark FARMA MUNDI FARMACEUTICOS MUNDI for goods and services in Classes 5, 35 and 39 – Application No 4841136 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Mundipharma GmbH |
| Mark or sign cited in opposition: | Community trade mark registration No 4304622 of the trade mark mundipharma for goods and services in Classes 5 and 44 |
| Decision of the Opposition Division: | Opposition dismissed in part |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Mundipharma GmbH to pay the costs. |

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