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 – 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 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.
Dismisses the action;
2.
Orders Bayer Healthcare LLC to pay the costs.
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