CELEX: 62008TJ0487
Language: en
Date: 2010-06-16
Title: Judgment of the General Court (Eighth Chamber) of 16 June 2010. # Kureha Corp. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community word mark KREMEZIN - Earlier international word mark KRENOSIN - 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) - Proof of existence of the earlier trade mark - Time-limits - Rules 19 and 20 of Regulation (EC) No 2868/95 - Proof of genuine use of the earlier mark- Article 43(2) and (3) of Regulation No 40/94 (now Article 42(2) and (3) of Regulation No 207/2009). # Case T-487/08.

Judgment of the General Court (Eighth Chamber) of 16 June 2010 – Kureha v OHIM – Sanofi‑Aventis (KREMEZIN)
      (Case T-487/08)
      Community trade mark – Opposition proceedings – Application for Community word mark KREMEZIN – Earlier international word mark KRENOSIN – 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) – Proof of existence of the earlier trade mark – Time-limits – Rules 19 and 20 of Regulation (EC) No 2868/95 – Proof of genuine use of the earlier mark – Article 43(2) and (3) of Regulation No 40/94 (now Article 42(2) and (3) of Regulation No 207/2009)
      1.                     Community trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the
            earlier mark – Partial use – Effect (Council Regulation No 40/94, Art. 43(2) and (3)) (see paras 56-57)
      2.                     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 68-69, 90)
      Re: 
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 15 September 2008 (Case R 1631/2007‑4), concerning
                  opposition proceedings between Sanofi-Aventis SA and Kureha Corp.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Kureha Corp.
            
         
               Community trade mark sought:
            
            
               Word mark KREMEZIN for goods in Class 5 – Application No 2906501
            
         
               Proprietor of the mark or sign cited in the opposition proceedings: 
            
            
               Sanofi-Aventis SA
            
         
               Mark or sign cited in opposition:
            
            
               International trade mark registration No 529937 of the word mark KRENOSIN 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 Kureha Corp. to pay its own costs and those of the Office for Harmonisation in the Internal Market (Trade Marks and
                     Designs) (OHIM);
                  
               
            
         
                  3.
               
               
                  
               
               
                  	Orders Sanofi-Aventis SA to bear its own costs.