Judgment of the General Court (Third Chamber) of 15 December 2009 – Trubion Pharmaceuticals v OHIM – Merck (TRUBION)
(Case T-412/08)
Community trade mark – Opposition proceedings – Application for the Community word mark TRUBION – Earlier Community figurative mark TriBion Harmonis – Relative ground for refusal – Likelihood of confusion – 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 28, 56-58)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 3 July 2008 (Case R 1605/2007-2), relating to opposition proceedings between Trubion Pharmaceuticals, Inc. and Merck KGaA.
Information relating to the case
Applicant for the Community trade mark:
Trubion Pharmaceuticals, Inc.
Community trade mark sought:
Word mark TRUBION for goods and services in Classes 5 and 42
Proprietor of the mark or sign cited in the opposition proceedings:
Merck KGaA
Mark or sign cited in opposition:
Community trade mark registration No 72884 of the word mark BION registered for various goods; Community trade mark registration No 3282936 of the figurative mark TriBion Harmonis registered for various goods
Decision of the Opposition Division:
Opposition upheld in respect of the goods in Class 5 and dismissed in respect of the remaining services in Class 42
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Trubion Pharmaceuticals, Inc. to pay the costs.
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