(Case T-76/09)

Community trade mark – Opposition proceedings – Application for the Community figurative mark ‘FARMA MUNDI FARMACEUTICOS MUNDI’ – Earlier Community figurative mark ‘mundipharma’ – 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 30-31)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 1 December 2008 (Case R 825/2008-2) concerning opposition proceedings between Mundipharma GmbH and Asociación Farmaceuticos Mundi.

Information relating to the case

Applicant for the Community trade mark:

Asociación Farmaceuticos Mundi

Community trade mark sought:

Figurative mark FARMA MUNDI FARMACEUTICOS MUNDI for goods and services in Classes 5, 35 and 39 – Application No 4841136

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited in opposition:

Community trade mark registration No 4304622 of the trade mark mundipharma for goods and services in Classes 5 and 44

Decision of the Opposition Division:

Opposition dismissed in part

Decision of the Board of Appeal:

Appeal dismissed

Operative part

The Court:

1.Dismisses the action;

2.Orders Mundipharma GmbH to pay the costs.