CELEX: 62008TJ0277
Language: en
Date: 2009-11-11
Title: Judgment of the Court of First Instance (First Chamber) of 11 November 2009. # Bayer Healthcare LLC v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community word mark CITRACAL - Earlier national word mark CICATRAL - Relative ground for refusal - Likelihood of confusion - Similarity of the goods - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009). # Case T-277/08.

Judgment of the Court of First Instance (First Chamber) of 11 November 2009 – Bayer Healthcare v OHIM – Uriach-Aquilea OTC
            (CITRACAL)
      (Case T-277/08)
      Community trade mark – Opposition proceedings – Application for Community word mark CITRACAL – Earlier national word mark CICATRAL – Relative ground for refusal – Likelihood of confusion – Similarity of the goods – Similarity of the signs – 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 39, 59-60)
      
      Re:
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 5 May 2008 (Case R 459/2007-4) relating to opposition
                  proceedings between Uriach-Aquilea OTC, SL and Bayer Healthcare LLC.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Bayer Healthcare LLC
            
         
               Community trade mark sought:
            
            
               Word mark CITRACAL for goods in Class 5 – Application No 1757855
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Uriach-Aquilea OTC, SL
            
         
               Mark or sign cited in opposition:
            
            
               National word mark CICATRAL for goods in Classes 1 and 5
            
         
               Decision of the Opposition Division:
            
            
               Opposition upheld
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Bayer Healthcare LLC to pay the costs.