Judgment of the General Court (Fifth Chamber) of 15 March 2012 — Cadila Healthcare v OHIM – Novartis (ZYDUS)

(Case T-288/08)

Community trade mark — Opposition proceedings — Application for the Community word mark ZYDUS — Earlier Community word mark ZIMBUS — Relative ground for refusal — Likelihood of confusion — Similarity of the goods — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)

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 (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 32, 62-67)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 7 May 2008 (Case R 1092/2007‑2), relating to opposition proceedings between Novartis AG and Cadila Healthcare Ltd.

Operative part

The Court:

1. Dismisses the application for a ruling that there is no need to adjudicate;

2. Dismisses the action;

3. Orders Cadila Healthcare Ltd to pay the costs.