CELEX: 62007TJ0087
Language: en
Date: 2008-11-12
Title: Judgment of the Court of First Instance (First Chamber) of 12 November 2008. # Scil proteins GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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. # Case T-87/07.

Judgment of the Court of First Instance (First Chamber) of 12 November 2008 – Scil proteins v OHIM – Indena (affilene)
      (Case T-87/07)
      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
      Community trade mark – Definition and acquisition of the Community trade mark – Relative ground 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 40-42, 45-52)
      
      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.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Indena SpA
            
         
               Community trade mark sought:
            
            
               Figurative mark affilene for goods in Class 1 – Application No 2751931
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Scil proteins GmbH
            
         
               Mark or sign cited in opposition:
            
            
               Community word mark AFFILIN for goods in Classes 1 and 5 – Registration No 2583391
            
         
               Decision of the Opposition Division:
            
            
               Opposition upheld
            
         
               Decision of the Board of Appeal:
            
            
               Opposition partially upheld
            
         
      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 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.