CELEX: 62008TJ0033
Language: en
Date: 2009-06-11 00:00:00
Title: Judgment of the General Court (Eighth Chamber) of 11 June 2009.#Bastos Viegas, SA v European Union Intellectual Property Office.#Case T-33/08.

Judgment of the Court of First Instance (Eighth Chamber) of 11 June 2009 – Bastos Viegas v OHIM – Fabre Médicament (OPDREX)
      (Case T-33/08)
      Community trade mark – Opposition proceedings – Application for Community figurative mark OPDREX – Earlier national word mark OPTREX – 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 19, 28, 35-37)
      
      Re:
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 14 November 2007 (Case R 1238/2006-4), relating
                  to opposition proceedings between Pierre Fabre Médicament SA and Bastos Viegas, SA.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Bastos Viegas, SA
            
         
               Community trade mark sought:
            
            
               Figurative mark OPDREX for goods in Classes 5 and 10 and services in Class 35 – Application No 2429249
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Pierre Fabre Médicament, SA
            
         
               Mark or sign cited in opposition:
            
            
               National word mark ‘OPTREX’ for goods in Class 5
            
         
               Decision of the Opposition Division:
            
            
               Opposition partially upheld, in respect of certain goods in Classes 5 and 10
            
         
               Decision of the Board of Appeal:
            
            
               Annulment of the contested decision, in so far as it rejects the Community trade mark application in respect of ‘surgical
                  apparatus and instruments’ in Class 10
               
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Bastos Viegas, SA to pay the costs.