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Case T-146/06: Judgment of the Court of First Instance of 13 February 2008 — Sanofi-Aventis v OHIM (Community trade mark — Opposition proceedings — Application for Community word mark ATURION — Earlier national mark URION — Relative ground for refusal — Lack of likelihood of confusion — Lack of similarity between the signs — Article 8(1)(b) of Regulation (EC) No 40/94)

ECLI:EU:UNKNOWN:62006TA0146

62006TA0146

January 1, 2006
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Official Journal of the European Union

(Case T-146/06)

(Community trade mark - Opposition proceedings - Application for Community word mark ATURION - Earlier national mark URION - Relative ground for refusal - Lack of likelihood of confusion - Lack of similarity between the signs - Article 8(1)(b) of Regulation (EC) No 40/94)

(2008/C 79/54)

Language of the case: Spanish

Parties

Applicant: Sanofi-Aventis SA (Paris, France) (represented by: E. Armijo Chávarri and A. Castán Pérez-Gómez, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: GD Searle LLC (New York, New York, United States of America)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 3 February 2006 (Case R 227/2005-1) concerning opposition proceedings between Sanofi-Aventis SA and GD Searle LLC.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Sanofi-Aventis SA to pay the costs.

* * *

(1) OJ C 190, 12.8.2006.

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