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Judgment of the Court of First Instance (Second Chamber) of 13 February 2008. # Sanofi-Aventis SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (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. # Case T-146/06.
ECLI:EU:T:2008:33
62006TJ0146
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(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
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 71-73)
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.
Information relating to the case
Applicant for the Community trade mark:
GD Searle LLC
Community trade mark sought:
Word mark ATURION for goods in Class 5 – Application No 1662311
Proprietor of the mark or sign cited in the opposition proceedings:
Mark or sign cited in opposition:
National word mark URION for goods in Class 5
Decision of the Opposition Division:
Rejection of the opposition
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.Dismisses the action;
2.Orders Sanofi-Aventis SA to pay the costs.