CELEX: 62008TJ0149
Language: en
Date: 2010-09-13 00:00:00
Title: Judgment of the General Court (Sixth Chamber) of 13 September 2010. # Abbott Laboratories v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community word mark Sorvir - Earlier Community word mark NORVIR - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009). # Case T-149/08.

Judgment of the General Court (Sixth Chamber) of 13 September 2010 – Abbott Laboratories v OHIM – aRigen (Sorvir)
      (Case T-149/08)
      Community trade mark – Opposition proceedings – Application for Community word mark Sorvir – Earlier Community word mark NORVIR – Relative ground for refusal – 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 23, 38-41)
      
      Re:
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 6 February 2008 (Case R 809/2007‑2), relating
                  to opposition proceedings between Abbott Laboratories and aRigen, Inc.
               
            Information relating to the case 
      
               Applicant for the Community trade mark: 
            
            
               aRigen, Inc.
            
         
               Community trade mark sought: 
            
            
               Word mark Sorvir for goods in Class 5 – Application No 004455507
            
         
               Proprietor of the mark or sign cited in the opposition proceedings: 
            
            
               Abbott Laboratories
            
         
               Mark or sign cited in opposition: 
            
            
               Word mark NORVIR for goods in Class 5
            
         
               Decision of the Opposition Division: 
            
            
               Opposition dismissed in its entirety 
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed 
            
         
      Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and
                     Designs) (OHIM) of 6 February 2008 (Case R 809/2007-2);
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders OHIM to bear its own costs and to pay those of Abbott Laboratories.