Judgment of the General Court of 8 September 2010 - 4care v OHIM - Laboratorios Diafarm (Acumed)
(Community trade mark - Opposition proceedings - Application for Community figurative mark Acumed - Earlier national word mark AQUAMED ACTIVE - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Similarity of the goods - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
Language of the case: German
Parties
Applicant: 4care AG (Kiel, Germany) (represented by: S. Redeker and M. Diesbach, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Laboratorios Diafarm, SA (Barberà del Vallès, Spain) (represented by: E. Sugrañes Coca, lawyer)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 7 October 2008 (Case R 1636/2007-2), relating to opposition proceedings between Laboratorios Diafarm, SA and 4care AG.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders 4care AG to pay the costs.
____________1 - OJ C 55, 7.3.2009.