Judgment of the General Court (Fifth Chamber) of 4 March 2010 – Mundipharma v OHIM – ALK-Abelló (AVANZALENE)
(Case T-477/08)
Community trade mark – Opposition proceedings − Application for the Community word mark AVANZALENE – Earlier Community word mark AVANZ – Likelihood of confusion − 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 22-23, 43-45)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 28August 2008 (Case R 1694/2007-4), relating to opposition proceedings between ALK-Abelló A/S and Mundipharma AG. |
Information relating to the case
Applicant for the Community trade mark: | Mundipharma AG |
Community trade mark sought: | Word mark AVANZALENE for goods in Class 5 – application No 4632501 |
Proprietor of the mark or sign cited in the opposition proceedings: | ALK-Abelló A/S |
Mark or sign cited in opposition: | Community word mark AVANZ for goods in Class 5 (registration No 3331444) |
Decision of the Opposition Division: | Opposition upheld |
Decision of the Board of Appeal: | Appeal dismissed |
Operative part
The Court:
1. |
| 1. Dismisses the action; |
2. |
| 2. Orders Mundipharma AG to pay the costs, except those incurred by ALK‑Abelló A/S; |
|
| 3.Orders ALK-Abelló to bear its own costs. |