Judgment of the Court of First Instance (First Chamber) of 11 November 2009 – Bayer Healthcare v OHIM – Uriach-Aquilea OTC (CITRACAL)
(Case T-277/08)
Community trade mark – Opposition proceedings – Application for Community word mark CITRACAL – Earlier national word mark CICATRAL – Relative ground for refusal – Likelihood of confusion – Similarity of the goods – Similarity of the signs – Article8(1)(b) of Regulation (EC) No40/94 (now Article8(1)(b) of Regulation (EC) No207/2009)
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 39, 59-60)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 5 May 2008 (Case R 459/2007-4) relating to opposition proceedings between Uriach-Aquilea OTC, SL and Bayer Healthcare LLC. |
Information relating to the case
Applicant for the Community trade mark: | Bayer Healthcare LLC |
Community trade mark sought: | Word mark CITRACAL for goods in Class 5 – Application No 1757855 |
Proprietor of the mark or sign cited in the opposition proceedings: | Uriach-Aquilea OTC, SL |
Mark or sign cited in opposition: | National word mark CICATRAL for goods in Classes 1 and 5 |
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 Bayer Healthcare LLC to pay the costs. |