CELEX: 62008TJ0575
Language: en
Date: 2010-09-08
Title: Judgment of the General Court (Fourth Chamber) of 8 September 2010. # 4care AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community figurative mark Acumed - Earlier national word mark AQUAMED ACTIVE - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Similarity of the goods - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009). # Case T-575/08.

Judgment of the General Court (Fourth Chamber) of 8 September 2010 – 4care v OHIM – Laboratorios Diafarm (Acumed)
      (Case T-575/08)
      Community trade mark – Opposition proceedings – Application for Community figurative mark Acumed – Earlier national word mark AQUAMED ACTIVE – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Similarity of the goods – 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, 55)
      
      Re: 
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 7 October 2008 (Case R 1636/2007-2), concerning
                  opposition proceedings between Laboratorios Diafarm, SA and 4care AG.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               4care AG
            
         
               Community trade mark sought:
            
            
               Figurative mark Acumed for goods in Classes 3, 5 and 9 – Application No 4493136
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Laboratorios Diafarm, SA
            
         
               Mark or sign cited in opposition:
            
            
               Spanish word mark AQUAMED ACTIVE (trade mark No 2506452) for goods in Class 5 and Community word mark AQUAMED ACTIVE (No 2882272)
                  for goods in Class 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 4care AG to pay the costs.