CELEX: 62006TJ0048
Language: en
Date: 2008-09-10 00:00:00
Title: Judgment of the Court of First Instance (Fourth Chamber) of 10 September 2008. # Astex Therapeutics Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for Community word mark BioGeneriX - Absolute ground for refusal - Partially descriptive character - Article 7(1)(b) and (c) of Regulation (EC) No 40/94. # Case T-48/06.

Judgment of the Court of First Instance (Fourth Chamber) of 10 September 2008 – Astex Therapeutics v OHIM – Protec Health
            International (astex TECHNOLOGY)
      (Case T-48/06)
      Community trade mark – Opposition proceedings – Application for the Community figurative mark astex TECHNOLOGY – Earlier Community word mark ASTEX – Relative ground for refusal – Likelihood of confusion – Restriction of the goods designated in the trade mark application – Article 8(1)(b) of Regulation 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 70-72)
      
      Re:
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 29 November 2005 (Case R 651/2004-2) concerning
                  opposition proceedings between Protec Health International Ltd and Astex Therapeutics Ltd.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Astex Therapeutics Ltd
            
         
               Community trade mark sought:
            
            
               Figurative mark astex TECHNOLOGY for goods in Class 5
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Protec Health International Ltd
            
         
               Mark or sign cited in opposition:
            
            
               Word mark ASTEX for goods and services in Classes 5 and 24
            
         
               Decision of the Opposition Division:
            
            
               Registration refused
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Astex Therapeutics Ltd to pay the costs.