Judgment of the General Court (Sixth Chamber) of 13 September 2010 – Abbott Laboratories v OHIM – aRigen (Sorvir)

(Case T-149/08)

Community trade mark – Opposition proceedings – Application for Community word mark Sorvir – Earlier Community word mark NORVIR – Relative ground for refusal – 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 23, 38-41)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 6 February 2008 (Case R 809/2007‑2), relating to opposition proceedings between Abbott Laboratories and aRigen, Inc.

Information relating to the case

Applicant for the Community trade mark:	aRigen, Inc.
Community trade mark sought:	Word mark Sorvir for goods in Class 5 – Application No 004455507
Proprietor of the mark or sign cited in the opposition proceedings:	Abbott Laboratories
Mark or sign cited in opposition:	Word mark NORVIR for goods in Class 5
Decision of the Opposition Division:	Opposition dismissed in its entirety
Decision of the Board of Appeal:	Appeal dismissed

Operative part

The Court:

1. Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 6 February 2008 (Case R 809/2007-2);

2. Orders OHIM to bear its own costs and to pay those of Abbott Laboratories.