Judgment of the Court of First Instance of 10 September 2008 - Astex Therapeutics v OHIM - Protec Health International (astex TECHNOLOGY)
(Community trade mark - Opposition proceedings - Application for the Community figurative mark astex TECHNOLOGY - Earlier Community word mark ASTEX - Ground for refusal - Likelihood of confusion - Restriction of the goods designated in the trade mark application - Article 8(1)(b) of Regulation No 40/94)
Language of the case: English
Parties
Applicant: Astex Therapeutics Ltd (Cambridge, United Kingdom) (represented by: M. Edenborough, barrister, and R. Harrison, solicitor)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Protec Health International Ltd (Cirencester, United Kingdom)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 29 November 2005 (Case R 651/2004-2) concerning opposition proceedings between Protec Health International Ltd and Astex Therapeutics Ltd.
Operative part of the judgment
The Court:
1. Dismisses the action.
2. Orders Astex Therapeutics Ltd to pay the costs.
____________1 - OJ C 86, 8.4.2006.