Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 28.4.2012 | EN | Official Journal of the European Union | C 126/11 |

---

Judgment of the General Court of 15 March 2012 — Cadila Healthcare v OHIM — Novartis (ZYDUS)

(Case T-288/08)[(1)](#ntr1-C_2012126EN.01001102-E0001)

(Community trade mark - Opposition proceedings - Application for the Community word mark ZYDUS - Earlier Community word mark ZIMBUS - 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))

2012/C 126/22

Language of the case: English

Parties

Applicant: Cadila Healthcare Ltd (Ahmedabad, India) (represented by: S. Bailey, F. Potin, and A. Juaristi, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: Folliard-Monguiral, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Novartis AG (Basle, Switzerland) (represented by: N. Hebeis, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 7 May 2008 (Case R 1092/2007-2), relating to opposition proceedings between Novartis AG and Cadila Healthcare Ltd.

Operative part of the judgment

The Court:

|  |  |
| --- | --- |
| 1. | Dismisses the application for a ruling that there is no need to adjudicate; |

|  |  |
| --- | --- |
| 2. | Dismisses the action; |

|  |  |
| --- | --- |
| 3. | Orders Cadila Healthcare Ltd to pay the costs. |

---

[Top](#document1)