Judgment of the General Court (Sixth Chamber) of 12 July 2012 —
Pharmazeutische Fabrik Evers v OHIM —
Ozone Laboratories Pharma (HYPOCHOL)
(Case T-517/10)
Community trade mark — Opposition proceedings — Application for Community word mark HYPOCHOL — Earlier national figurative mark HITRECHOL — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
1. Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 15-17, 45, 46)
2. Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Word mark HYPOCHOL and figurative mark HITRECHOL (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 20, 21, 53, 54)
3. Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Similarity of the marks concerned — Criteria for assessment — Complex mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 22, 23)
4. Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Weighting of the elements of similarity or difference between the signs — Taking into account of the intrinsic characteristics of the signs or the marketing conditions of the goods or services (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 47)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 1 September 2010 (Case R 1332/2009‑4), concerning opposition proceedings between Pharmazeutische Fabrik Evers GmbH & Co. KG and Ozone Laboratories Pharma SA. |
Operative part
The Court:
2. | | Orders Pharmazeutische Fabrik Evers GmbH & Co. KG to pay the costs. |