CELEX: 62009TJ0289
Language: en
Date: 2011-09-09 00:00:00
Title: Judgment of the General Court (First Chamber) of 9 September 2011. # Omnicare, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community word mark OMNICARE CLINICAL RESEARCH - Earlier national figurative mark OMNICARE - Likelihood of confusion - Similarity of the signs - Similarity of the services - Genuine use of the earlier mark. # Case T-289/09.

Judgment of the General Court (First Chamber) of 9 September 2011 – Omnicare v OHIM – Astellas Pharma (OMNICARE CLINICAL RESEARCH)
      (Case T-289/09)
      Community trade mark – Opposition proceedings – Application for Community word mark OMNICARE CLINICAL RESEARCH – Earlier national figurative mark OMNICARE – Likelihood of confusion – Similarity of the signs – Similarity of the services – Genuine use of the earlier mark
      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 207/2009, Art. 8(1)(b)) (see para. 95)
      
      Re:
      
         
               ACTION against the decision of the Fourth Board of Appeal of OHIM of 14 May 2009 (Case R 401/2008-4), concerning opposition
                  proceedings between Yamanouchi Pharma GmbH and Omnicare, Inc.
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Omnicare, Inc. to pay the costs.