CELEX: 62006TJ0146
Language: en
Date: 2008-02-13
Title: Judgment of the Court of First Instance (Second Chamber) of 13 February 2008. # Sanofi-Aventis SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community word mark ATURION - Earlier national mark URION - Relative ground for refusal - Lack of likelihood of confusion - Lack of similarity between the signs - Article 8(1)(b) of Regulation (EC) No 40/94. # Case T-146/06.

Judgment of the Court of First Instance (Second Chamber) of 13 February 2008 – Sanofi‑Aventis v OHIM – GD Searle (ATURION)
      (Case T-146/06)
      Community trade mark – Opposition proceedings – Application for Community word mark ATURION – Earlier national mark URION – Relative ground for refusal – Lack of likelihood of confusion – Lack of similarity between the signs – Article 8(1)(b) of Regulation (EC) No 40/94
      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 71-73)
      
      Re: 
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 3 February 2006 (Case R 227/2005‑1) concerning
                  opposition proceedings between Sanofi-Aventis SA and GD Searle LLC.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               GD Searle LLC
            
         
               Community trade mark sought:
            
            
               Word mark ATURION for goods in Class 5 – Application No 1662311
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Sanofi-Aventis SA
            
         
               Mark or sign cited in opposition:
            
            
               National word mark URION for goods in Class 5
            
         
               Decision of the Opposition Division:
            
            
               Rejection of the opposition
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Sanofi-Aventis SA to pay the costs.