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Judgment of the General Court (Seventh Chamber) of 14 July 2011. # ratiopharm GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community word mark ZUFAL - Earlier Community word mark ZURCAL - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Similarity of the goods - Article 8(1)(b) of Regulation (EC) No 207/2009 - Restriction of the goods designated in the trade mark application - Article 43(1) of Regulation No 207/2009. # Case T-222/10.
ECLI:EU:T:2011:383
62010TJ0222
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(Case T-222/10)
Community trade mark – Opposition proceedings – Application for Community word mark ZUFAL – Earlier Community word mark ZURCAL – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Similarity of the goods – Article 8(1)(b) of Regulation (EC) No 207/2009 – Restriction of the goods designated in the trade mark application – Article 43(1) of Regulation 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 19-20, 44)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 12 March 2010 (Case R 874/2008-4) relating to opposition proceedings between Nycomed GmbH and ratiopharm GmbH.
Operative part
The Court:
1.Dismisses the action;
2.Orders ratiopharm GmbH to pay the costs.