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Case T-48/06: Judgment of the Court of First Instance of 10 September 2008 — Astex Therapeutics v OHIM — Protec Health International (astex TECHNOLOGY) (Community trade mark — Opposition proceedings — Application for the Community figurative mark astex TECHNOLOGY — Earlier Community word mark ASTEX — Ground for refusal — Likelihood of confusion — Restriction of the goods designated in the trade mark application — Article 8(1)(b) of Regulation No 40/94)
ECLI:EU:UNKNOWN:62006TA0048
62006TA0048
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25.10.2008
Official Journal of the European Union
C 272/19
(Case T-48/06)
(Community trade mark - Opposition proceedings - Application for the Community figurative mark astex TECHNOLOGY - Earlier Community word mark ASTEX - Ground for refusal - Likelihood of confusion - Restriction of the goods designated in the trade mark application - Article 8(1)(b) of Regulation No 40/94)
(2008/C 272/34)
Language of the case: English
Parties
Applicant: Astex Therapeutics Ltd (Cambridge, United Kingdom) (represented by: M. Edenborough, barrister, and R. Harrison, solicitor)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Protec Health International Ltd (Cirencester, United Kingdom)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 29 November 2005 (Case R 651/2004-2) concerning opposition proceedings between Protec Health International Ltd and Astex Therapeutics Ltd.
Operative part of the judgment
The Court:
1.Dismisses the action.
2.Orders Astex Therapeutics Ltd to pay the costs.
(<span class="super">1</span>) OJ C 86, 8.4.2006.