Judgment of the General Court of 14 July 2011 - ratiopharm v OHIM - Nycomed (ZUFAL)
(Community trade mark - Opposition proceedings - Application for Community word mark ZUFAL - Earlier Community word mark ZURCAL - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Similarity of the goods - Article 8(1)(b) of Regulation (EC) No 207/2009 - Restriction of the goods designated in the trade mark application - Article 43(1) of Regulation No 207/2009)
Language of the case: German
Parties
Applicant: ratiopharm GmbH (Ulm, Germany) (represented by: S. Völker, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: B. Schmidt, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Nycomed GmbH (Konstanz, Germany) (represented by: A. Ferchland, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 12 March 2010 (Case R 874/2008-4) relating to opposition proceedings between Nycomed GmbH and ratiopharm GmbH.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders ratiopharm GmbH to pay the costs.
____________1 - OJ C 195, 17.7.2010.