CELEX: 62009TA0222
Language: en
Date: 2011-02-09 00:00:00
Title: Case T-222/09: Judgment of the General Court of 9 February 2011 — Ineos Healthcare v OHIM — Teva Pharmaceutical Industries (ALPHAREN) (Community trade mark — Opposition proceedings — Application for the Community word mark ALPHAREN — Earlier national word marks ALPHA D3 — 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) — Examination of the facts of its own motion — Article 74 of Regulation No 40/94 (now Article 76 of Regulation No 207/2009))

19.3.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 89/16
            
         Judgment of the General Court of 9 February 2011 — Ineos Healthcare v OHIM — Teva Pharmaceutical Industries (ALPHAREN)
   (Case T-222/09) (1)
   
   (Community trade mark - Opposition proceedings - Application for the Community word mark ALPHAREN - Earlier national word marks ALPHA D3 - 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) - Examination of the facts of its own motion - Article 74 of Regulation No 40/94 (now Article 76 of Regulation No 207/2009))
   2011/C 89/37
   Language of the case: English
   
      Parties
   
   
      Applicant: Ineos Healthcare Ltd (Warrington, Cheshire, United Kingdom) (represented by: S. Malynicz, Barrister, and A. Smith, Solicitor)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
   
      Other party to the proceedings before the Board of Appeal of OHIM: Teva Pharmaceutical Industries Ltd (Jerusalem, Israel)
   
      Re:
   
   Action brought against the decision of the Second Board of Appeal of OHIM of 24 March 2009 (Case R 1897/2007-2), concerning opposition proceedings between Teva Pharmaceutical Industries Ltd and Ineos Healthcare Ltd
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 24 March 2009 (Case R 1897/2007-2) as regards the goods in the following categories: ‘Pharmaceutical and veterinary preparations containing magnesium iron hydroxy carbonate or hydrotalcite or derivatives of these compounds’, ‘Phosphate binders for use in the treatment of hyperphosphataemia’;
            
         
               2.
            
            
               Dismisses the action as to the remainder;
            
         
               3.
            
            
               Orders OHIM to bear its own costs and to pay half of the costs incurred by Ineos Healthcare Ltd;
            
         
               4.
            
            
               Orders Ineos Healthcare to bear half of its own costs.
            
         
      (1)  OJ C 180, 1.8.2009.