Judgment of the Court of First Instance (Second Chamber) of 13 February 2008 – Sanofi‑Aventis v OHIM – GD Searle (ATURION)
(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 R227/2005‑1) 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: | Sanofi-Aventis SA |
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. |