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Case T-87/07: Judgment of the Court of First Instance of 12 November 2008 — Scil proteins v OHIM — Indena ( affilene ) (Community trade mark — Opposition proceedings — Application for Community figurative mark affilene — Earlier Community word mark AFFILIN — Relative ground for refusal — Likelihood of confusion — Similarity between products — Article 8(1)(b) of Regulation (EC) No 40/94)
ECLI:EU:UNKNOWN:62007TA0087
62007TA0087
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10.1.2009
Official Journal of the European Union
C 6/26
Judgment of the Court of First Instance of 12 November 2008 — Scil proteins v OHIM — Indena (affilene)
(Case T-87/07)
(Community trade mark - Opposition proceedings - Application for Community figurative mark affilene - Earlier Community word mark AFFILIN - Relative ground for refusal - Likelihood of confusion - Similarity between products - Article 8(1)(b) of Regulation (EC) No 40/94)
(2009/C 6/52)
Language of the case: English
Parties
Applicant: Scil proteins GmbH (Halle, Germany) (represented by: V. Dalichau and I.-M. Helbig, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Indena SpA (Milan, Italy)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 23 January 2007 (Case R 10/2006-2) relating to opposition proceedings between Scil proteins GmbH and Indena SpA.
Operative part of the judgment
The Court:
1.Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 23 January 2007 (Case R 10/2006-2) in so far as it dismisses the opposition with respect to the following goods: ‘extracts of medicinal plants for use in the pharmaceutical, cosmetic and food industries, not for diagnostic purposes’;
2.Orders OHIM to pay the costs.
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(<span class="super">1</span>) OJ C 117, 26.5.2007.
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