(Case T-277/08)

Community trade mark – Opposition proceedings – Application for Community word mark CITRACAL – Earlier national word mark CICATRAL – Relative ground for refusal – Likelihood of confusion – Similarity of the goods – 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)

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 39, 59-60)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 5 May 2008 (Case R 459/2007-4) relating to opposition proceedings between Uriach-Aquilea OTC, SL and Bayer Healthcare LLC.

Information relating to the case

Applicant for the Community trade mark:

Community trade mark sought:

Word mark CITRACAL for goods in Class 5 – Application No 1757855

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

Uriach-Aquilea OTC, SL

Mark or sign cited in opposition:

National word mark CICATRAL for goods in Classes 1 and 5

Decision of the Opposition Division:

Opposition upheld

Decision of the Board of Appeal:

Appeal dismissed

Operative part

The Court:

1.Dismisses the action;

2.Orders Bayer Healthcare LLC to pay the costs.