Judgment of the General Court of 11 July 2013 – Aventis Pharmaceuticals, Inc. v OHIM – Fasel (CULTRA)
(Case T-142/12) 1
(Community trade mark – Opposition proceedings – Application for Community figurative trade mark CULTRA – Earlier national word marks SCULPTRA – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: English
Parties
Applicant: Aventis Pharmaceuticals, Inc. (Bridgewater, United States) (represented by: R. Gilbey, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: F. Mattina, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Fasel Srl (Bologna, Italy)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 26 January 2012 (Case R 2478/2010-1) relating to opposition proceedings between Aventis Pharmaceuticals, Inc. and Fasel Srl.
Operative part of the judgment
The Court:
1. Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 26 January 2012 (Case R 2478/2010-1).
2. Dismisses the remainder of the action.
3. Orders OHIM to pay its own costs and those of Aventis Pharmaceuticals, Inc., for the purposes of the proceedings before the General Court and of those before the Board of Appeal.
____________1 OJ C 165, 9.6.2012.