Source: EURLEX
Language: en
Format: md

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| 5.2.2011 | EN | Official Journal of the European Union | C 38/14 |

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Judgment of the General Court of 15 December 2010 — Novartis AG v OHIM — Sanochemia Pharmazeutika (TOLPOSAN)

(Case T-331/09)[(1)](#ntr1-C_2011038EN.01001402-E0001)

(Community trade mark - Opposition proceedings - Application for the Community word mark TOLPOSAN - Earlier international word mark TONOPAN - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2011/C 38/24

Language of the case: German

Parties

Applicant: Novartis AG (Basle, Switzerland) (represented by: N. Hebeis, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: B. Schmidt, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Sanochemia Pharmazeutika AG (Vienna, Austria)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 18 June 2009 (Case R 1601/2007-1), relating to opposition proceedings between Novartis AG and Sanochemia Pharmazeutika AG

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Novartis AG to pay the costs. |

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