CELEX: 62006TO0327
Language: en
Date: 2008-02-18 00:00:00
Title: Order of the Court of First Instance (Second Chamber) of 18 February 2008. # Altana Pharma AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community word mark PNEUMO UPDATE - Earlier national word mark Pneumo - Action in part manifestly inadmissible and in part manifestly wholly unfounded in law. # Case T-327/06.

Order of the Court of First Instance (Second Chamber) of 18 February 2008 – Altana Pharma v OHIM – Avensa (PNEUMO UPDATE
      (Case T-327/06)
      Community trade mark – Opposition proceedings – Application for Community word mark PNEUMO UPDATE – Earlier national word mark Pneumo – Action in part manifestly inadmissible and in part manifestly wholly unfounded in law
      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 33-36)
      
      Re: 
      
         
               ACTION brought against the decision of the Second Chamber of the Board of Appeal of OHIM of 11 September 2006 (Case R 668/2005‑2)
                  concerning opposition proceedings between Avensa AG and Altana Pharma AG.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Altana Pharma AG
            
         
               Community trade mark sought:
            
            
               Word mark PNEUMO UPDATE for goods and services in Classes 5, 9, 16, 35, 38 and 41 – Application No 2462049
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Avensa AG
            
         
               Mark or sign cited in opposition:
            
            
               German word mark Pneumo for goods in Class 5, the opposition being directed only at registration for Class 5
            
         
               Decision of the Opposition Division:
            
            
               Opposition upheld
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action as in part manifestly inadmissible and in part manifestly wholly unfounded in law;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Altana Pharma AG to pay the costs.