Judgment of the General Court of 15 December 2010 - Novartis AG v OHIM - Sanochemia Pharmazeutika (TOLPOSAN)
(Community trade mark - Opposition proceedings - Application for the Community word mark TOLPOSAN - Earlier international word mark TONOPAN - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: German
Parties
Applicant: Novartis AG (Basle, Switzerland) (represented by: N. Hebeis, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: B. Schmidt, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Sanochemia Pharmazeutika AG (Vienna, Austria)
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 18 June 2009 (Case R 1601/2007-1), relating to opposition proceedings between Novartis AG and Sanochemia Pharmazeutika AG
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Novartis AG to pay the costs.
____________1 - OJ C 267, 7.11.2009.