CELEX: 62007TA0087
Language: en
Date: 2008-11-12 00:00:00
Title: Case T-87/07: Judgment of the Court of First Instance of 12 November 2008 — Scil proteins v OHIM — Indena ( affilene ) (Community trade mark — Opposition proceedings — Application for Community figurative mark affilene — Earlier Community word mark AFFILIN — Relative ground for refusal — Likelihood of confusion — Similarity between products — Article 8(1)(b) of Regulation (EC) No 40/94)

10.1.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 6/26
            
         Judgment of the Court of First Instance of 12 November 2008 — Scil proteins v OHIM — Indena (affilene)
   (Case T-87/07) (1)
   
   (Community trade mark - Opposition proceedings - Application for Community figurative mark affilene - Earlier Community word mark AFFILIN - Relative ground for refusal - Likelihood of confusion - Similarity between products - Article 8(1)(b) of Regulation (EC) No 40/94)
   (2009/C 6/52)
   Language of the case: English
   Parties
   
      Applicant: Scil proteins GmbH (Halle, Germany) (represented by: V. Dalichau and I.-M. Helbig, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent)
   
      Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Indena SpA (Milan, Italy)
   Re:
   ACTION brought against the decision of the Second Board of Appeal of OHIM of 23 January 2007 (Case R 10/2006-2) relating to opposition proceedings between Scil proteins GmbH and Indena SpA.
   Operative part of the judgment
   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 23 January 2007 (Case R 10/2006-2) in so far as it dismisses the opposition with respect to the following goods: ‘extracts of medicinal plants for use in the pharmaceutical, cosmetic and food industries, not for diagnostic purposes’;
            
         
               2.
            
            
               Orders OHIM to pay the costs.
            
         
      (1)  OJ C 117, 26.5.2007.