CELEX: 62008TJ0477
Language: en
Date: 2010-03-04 00:00:00
Title: Judgment of the General Court (Fifth Chamber) of 4 March 2010. # Mundipharma AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for the Community word mark AVANZALENE - Earlier Community word mark AVANZ - Likelihood of confusion - 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-477/08.

Judgment of the General Court (Fifth Chamber) of 4 March 2010 – Mundipharma v OHIM – ALK-Abelló (AVANZALENE)
      (Case T-477/08)
      Community trade mark – Opposition proceedings − Application for the Community word mark AVANZALENE – Earlier Community word mark AVANZ – Likelihood of confusion − 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 22-23, 43-45)
      
      Re: 
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 28 August 2008 (Case R 1694/2007-4), relating
                  to opposition proceedings between ALK-Abelló A/S and Mundipharma AG.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Mundipharma AG
            
         
               Community trade mark sought:
            
            
               Word mark AVANZALENE for goods in Class 5 – application No 4632501
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               ALK-Abelló A/S
            
         
               Mark or sign cited in opposition:
            
            
               Community word mark AVANZ for goods in Class 5 (registration No 3331444)
            
         
               Decision of the Opposition Division:
            
            
               Opposition upheld
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Mundipharma AG to pay the costs, except those incurred by ALK‑Abelló A/S;
               
            
         
                   
               
               
                  
               
               
                  	3.Orders ALK-Abelló to bear its own costs.