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Case T-575/08: Judgment of the General Court of 8 September 2010 — 4care v OHIM — Laboratorios Diafarm (Acumed) (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))

ECLI:EU:UNKNOWN:62008TA0575

62008TA0575

September 8, 2010
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23.10.2010

Official Journal of the European Union

C 288/37

(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))

(2010/C 288/70)

Language of the case: German

Parties

Applicant: 4care AG (Kiel, Germany) (represented by: S. Redeker and M. Diesbach, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Laboratorios Diafarm, SA (Barberà del Vallès, Spain) (represented by: E. Sugrañes Coca, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 7 October 2008 (Case R 1636/2007-2), relating to opposition proceedings between Laboratorios Diafarm, SA and 4care AG.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders 4care AG to pay the costs.

(*)

OJ C 55, 7.3.2009.

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