CELEX: C2006/190/41
Language: en
Date: 2006-08-12 00:00:00
Title: Case T -146/06: Action brought on 22 May 2006 — SANOFI AVENTIS v OHIM — G.D. SEARLE ( ATURION )

12.8.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 190/23
            
         Action brought on 22 May 2006 — SANOFI AVENTIS v OHIM — G.D. SEARLE (‘ATURION’)
   (Case T -146/06)
   (2006/C 190/41)
   Language in which the application was lodged: Spanish
   Parties
   
      Applicant: SANOFI AVENTIS, S.A. (Paris, France) (represented by: E. Armijo Chavarri and A. Castán Pérez-Gómez, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal of OHIM: G.D. SEARLE LLC
   Form of order sought
   
               —
            
            
               Annul the decision of the First Board of Appeal of OHIM of 3 February 2006 in Case R 227/2005-1;
            
         
               —
            
            
               Order OHIM to pay the costs.
            
         Pleas in law and main arguments
   
      Applicant for a Community trade mark: G.D. SEARLE LLC.
   
      Community trade mark concerned: Word mark ‘ATURION’ for goods in Class 5 — application No1 662 311.
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant.
   
      Mark or sign cited in opposition: National word mark ‘URION’ for goods in Class 5.
   
      Decision of the Opposition Division: Rejection of the opposition.
   
      Decision of the Board of Appeal: Dismissal of the appeal.
   
      Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94, given that the marks in question may create a likelihood of confusion on the market.