Judgment of the Court of First Instance of 17 November 2005 - Biofarma v OHIM
(Community trade mark - Opposition proceedings - Earlier national word marks ARTEX - Application for Community word mark ALREX - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)
Language of the case: Dutch
Parties:
Applicant(s): Biofarma SA (Neuilly-sur-Seine, France) (represented by V. Gil Vega, A. Ruiz López and D. Gonzalez Maroto, lawyers)
Defendant(s): Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by W. Verburg and A. Folliard-Monguiral, Agents)
Other party or parties to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Bausch & Lomb Pharmaceuticals, Inc. (Tampa, Florida, United States) (represented by S. Klos, lawyer)
Action
brought against the decision of the Third Board of Appeal of OHIM of 5 February 2003 (Case R 370/2002 3), concerning opposition proceedings between Biofarma SA and Bausch & Lomb Pharmaceuticals, Inc.
Operative part of the judgment
The Court:
Annuls the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 5 February 2003 (Case R 370/2002-3);
Orders OHIM to bear its own costs and to pay those incurred by the applicant;
Orders the intervener to bear its own costs.
____________1 - OJ C 158, 5.7.2003.