General Court 09-04-2014 ECLI:EU:T:2014:194

Data

Court: General Court

Case date: 9 april 2014

Verdict

Judgment of the General Court (Fifth Chamber) of 9 April 2014 — Farmaceutisk Laboratorium Ferring v OHIM — Tillotts Pharma (OCTASA)

(Case T‑501/12)

"Community trade mark - Opposition proceedings - Application for Community word mark OCTASA - Earlier national word marks PENTASA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009"

Community trade markDefinition and acquisition of the Community trade markRelative grounds for refusalOpposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or servicesLikelihood of confusion with the earlier markAssessment of the likelihood of confusionCriteria (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 19-21, 33, 67)

Community trade markDefinition and acquisition of the Community trade markRelative grounds for refusalOpposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or servicesLikelihood of confusion with the earlier markAssessment of the likelihood of confusionDetermination of the relevant publicAttention level of the publicPharmaceutical products (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 22-24)

Community trade markDefinition and acquisition of the Community trade markRelative grounds for refusalOpposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or servicesLikelihood of confusion with the earlier markWord marks OCTASA and PENTASA (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 25, 31, 69)

Re:

ACTION against the decision of the Fourth Board of Appeal of OHIM of 6 September 2012 (Case R 1214/2011-4), concerning opposition proceedings between Farmaceutisk Laboratorium Ferring A/S and Tillotts Pharma AG.

Operative part

The Court:

Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 6 September 2012 (Case R 1214/2011-4);

Orders OHIM to bear its own costs and to pay half of the costs incurred by Farmaceutisk Laboratorium Ferring A/S;

Orders Tillotts Pharma AG to bear its own costs and to pay half of the costs incurred by Farmaceutisk Laboratorium Ferring.