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Judgment of the Court of First Instance (First Chamber) of 21 October 2008. # Aventis Pharma SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for the Community word mark PRAZOL - Earlier national word mark PREZAL - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94. # Case T-95/07.
ECLI:EU:T:2008:455
62007TJ0095
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(Case T-95/07)
Community trade mark – Opposition proceedings – Application for the Community word mark PRAZOL – Earlier national word mark PREZAL – Relative ground for refusal – Likelihood of confusion – 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 26, 30, 56-57)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 8 February 2007 (Case R 302/2005-4), relating to opposition proceedings between Altana Pharma AG and Aventis Pharma SA.
Information relating to the case
Applicant for the Community trade mark:
Nycomed GmbH, formerly Altana Pharma AG
Community trade mark sought:
Word mark PRAZOL for goods in Class 5 – Application No 1154269
Proprietor of the mark or sign cited in the opposition proceedings:
Mark or sign cited in opposition:
National word mark PREZAL for goods in Class 5
Decision of the Opposition Division:
Opposition upheld
Decision of the Board of Appeal:
Decision of the Opposition Division annulled and the opposition dismissed
Operative part
The Court:
3. Orders Nycomed GmbH to bear its own costs.