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Case T-477/08: Judgment of the General Court of 4 March 2010 — Mundipharma v OHIM — ALK-Abelló (AVANZALENE) (Community trade mark — Opposition proceedings — Application for the Community word mark AVANZALENE — Earlier Community word mark AVANZ — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
ECLI:EU:UNKNOWN:62008TA0477
62008TA0477
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Official Journal of the European Union
C 113/42
(Case T-477/08) (<span class="super">1</span>)
(Community trade mark - Opposition proceedings - Application for the Community word mark AVANZALENE - Earlier Community word mark AVANZ - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
2010/C 113/67
Language of the case: English
Parties
Applicant: Mundipharma AG (Basle, Switzerland) (represented by: F. Nielsen, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard Monguiral, Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: ALK-Abelló A/S (Hørsholm, Denmark) (represented by: S. Palomäki Arnesen, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 28 August 2008 (Case R 1694/2007-4), relating to opposition proceedings between ALK-Abelló A/S and Mundipharma AG.
Operative part of the judgment
The Court:
1.Dismisses the action.
2.Orders Mundipharma AG to pay the costs, except those incurred by ALK-Abelló A/S.
3.Orders ALK-Abelló to bear its own costs.
(<span class="super">1</span>) OJ C 6, 10.1.2009.