CELEX: 62007TJ0095
Language: en
Date: 2008-10-21
Title: Judgment of the Court of First Instance (First Chamber) of 21 October 2008. # Aventis Pharma SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for the Community word mark PRAZOL - Earlier national word mark PREZAL - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94. # Case T-95/07.

Judgment of the Court of First Instance (First Chamber) of 21 October 2008 – Aventis Pharma v OHIM – Nycomed (PRAZOL)
      (Case T-95/07)
      Community trade mark – Opposition proceedings – Application for the Community word mark PRAZOL – Earlier national word mark PREZAL – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94
      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 26, 30, 56-57)
      
      Re: 
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 8 February 2007 (Case R 302/2005-4), relating
                  to opposition proceedings between Altana Pharma AG and Aventis Pharma SA.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Nycomed GmbH, formerly Altana Pharma AG
            
         
               Community trade mark sought:
            
            
               Word mark PRAZOL for goods in Class 5 – Application No 1154269
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Aventis Pharma SA
            
         
               Mark or sign cited in opposition:
            
            
               National word mark PREZAL for goods in Class 5
            
         
               Decision of the Opposition Division:
            
            
               Opposition upheld
            
         
               Decision of the Board of Appeal:
            
            
               Decision of the Opposition Division annulled and the opposition dismissed
            
         
      Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and
                     Designs) (OHIM) of 8 February 2007 (Case R 302/2005‑4);
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders OHIM to bear its own costs and to pay those incurred by Aventis Pharma SA;
               
            
         
                  3.
               
               
                  
               
               
                  	Orders Nycomed GmbH to bear its own costs.