Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Third Chamber) of 15 December 2009 – Trubion Pharmaceuticals v OHIM – Merck (TRUBION)**

**(Case T-412/08)**

Community trade mark – Opposition proceedings – Application for the Community word mark TRUBION – Earlier Community figurative mark TriBion Harmonis – 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 28, 56-58)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Second Board of Appeal of OHIM of 3 July 2008 (Case R 1605/2007-2), relating to opposition proceedings between Trubion Pharmaceuticals, Inc. and Merck KGaA. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Trubion Pharmaceuticals, Inc. |
| Community trade mark sought: | Word mark TRUBION for goods and services in Classes 5 and 42 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Merck KGaA |
| Mark or sign cited in opposition: | Community trade mark registration No 72884 of the word mark BION registered for various goods; Community trade mark registration No 3282936 of the figurative mark TriBion Harmonis registered for various goods |
| Decision of the Opposition Division: | Opposition upheld in respect of the goods in Class 5 and dismissed in respect of the remaining services in Class 42 |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Trubion Pharmaceuticals, Inc. to pay the costs. |

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