CELEX: 62009TJ0076
Language: en
Date: 2011-06-22
Title: Judgment of the General Court (Eighth Chamber) of 22 June 2011. # Mundipharma GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for the Community figurative mark ‘FARMA MUNDI FARMACEUTICOS MUNDI’ - Earlier Community figurative mark ‘mundipharma’ - 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). # Case T-76/09.

Judgment of the General Court (Eighth Chamber) of 22 June 2011 – Mundipharma v OHIM – Asociación Farmaceuticos Mundi (FARMA
            MUNDI FARMACEUTICOS MUNDI)
      (Case T-76/09)
      Community trade mark – Opposition proceedings – Application for the Community figurative mark ‘FARMA MUNDI FARMACEUTICOS MUNDI’ – Earlier Community figurative mark ‘mundipharma’ – 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 30-31)
      
      Re:
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 1 December 2008 (Case R 825/2008-2) concerning
                  opposition proceedings between Mundipharma GmbH and Asociación Farmaceuticos Mundi.
               
            Information relating to the case 
      
               Applicant for the Community trade mark: 
            
            
               Asociación Farmaceuticos Mundi
            
         
               Community trade mark sought: 
            
            
               Figurative mark FARMA MUNDI FARMACEUTICOS MUNDI for goods and services in Classes 5, 35 and 39 – Application No 4841136
            
         
               Proprietor of the mark or sign cited in the opposition proceedings: 
            
            
               Mundipharma GmbH 
            
         
               Mark or sign cited in opposition: 
            
            
               Community trade mark registration No 4304622 of the trade mark mundipharma for goods and services in Classes 5 and 44
            
         
               Decision of the Opposition Division: 
            
            
               Opposition dismissed in part
            
         
               Decision of the Board of Appeal: 
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Mundipharma GmbH to pay the costs.