CELEX: 62008TJ0412
Language: en
Date: 2009-12-15
Title: Judgment of the General Court (Third Chamber) of 15 December 2009. # Trubion Pharmaceuticals, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for the Community word mark TRUBION - Earlier Community figurative mark TriBion Harmonis - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009). # Case T-412/08.

Judgment of the General Court (Third Chamber) of 15 December 2009 – Trubion Pharmaceuticals v OHIM – Merck (TRUBION)
      (Case T-412/08)
      Community trade mark – Opposition proceedings – Application for the Community word mark TRUBION – Earlier Community figurative mark TriBion Harmonis – Relative ground for refusal – Likelihood of confusion – 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 28, 56-58)
      
      Re: 
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 3 July 2008 (Case R 1605/2007-2), relating to
                  opposition proceedings between Trubion Pharmaceuticals, Inc. and Merck KGaA.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Trubion Pharmaceuticals, Inc.
            
         
               Community trade mark sought:
            
            
               Word mark TRUBION for goods and services in Classes 5 and 42
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Merck KGaA
            
         
               Mark or sign cited in opposition:
            
            
               Community trade mark registration No 72884 of the word mark BION registered for various goods; Community trade mark registration
                  No 3282936 of the figurative mark TriBion Harmonis registered for various goods
               
            
         
               Decision of the Opposition Division:
            
            
               Opposition upheld in respect of  the goods in Class 5 and dismissed in respect of the remaining services in Class 42
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Trubion Pharmaceuticals, Inc. to pay the costs.