Judgment of the General Court of 9 February 2011 - Ineos Healthcare v OHIM - Teva Pharmaceutical Industries (ALPHAREN)
(Community trade mark - Opposition proceedings - Application for the Community word mark ALPHAREN - Earlier national word marks ALPHA D3 - 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) - Examination of the facts of its own motion - Article 74 of Regulation No 40/94 (now Article 76 of Regulation No 207/2009))
Language of the case: English
Parties
Applicant: Ineos Healthcare Ltd (Warrington, Cheshire, United Kingdom) (represented by: S. Malynicz, Barrister, and A. Smith, 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: Teva Pharmaceutical Industries Ltd (Jerusalem, Israel)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 24 March 2009 (Case R 1897/2007-2), concerning opposition proceedings between Teva Pharmaceutical Industries Ltd and Ineos Healthcare Ltd
Operative part of the judgment
The Court:
Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 24 March 2009 (Case R 1897/2007-2) as regards the goods in the following categories: 'Pharmaceutical and veterinary preparations containing magnesium iron hydroxy carbonate or hydrotalcite or derivatives of these compounds', 'Phosphate binders for use in the treatment of hyperphosphataemia';
Dismisses the action as to the remainder;
Orders OHIM to bear its own costs and to pay half of the costs incurred by Ineos Healthcare Ltd;
Orders Ineos Healthcare to bear half of its own costs.
____________1 - OJ C 180, 1.8.2009.