CELEX: 62008TJ0288
Language: en
Date: 2012-03-15
Title: Judgment of the General Court (Fifth Chamber) of 15 March 2012. # Cadila Healthcare Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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). # Case T-288/08.

Judgment of the General Court (Fifth Chamber) of 15 March 2012 — Cadila Healthcare v OHIM – Novartis (ZYDUS)
      (Case T-288/08)
      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)
      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 32, 62-67)
      
      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
      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.