Order of the General Court of 13 September 2010 - Abbott Laboratories v OHIM - aRigen (Sorvir)
(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)
Language of the case: English
Parties
Applicant: Abbott Laboratories (Abbott Park, Illinois, United States) (represented by: S. Schäffler, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo and A. Folliard-Monguiral, Agents)
Other party to the proceedings before the Board of Appeal of OHIM: aRigen, Inc. (Tokyo, Japan)
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.
Operative part of the order
The General 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.
____________1 - OJ C 142, 7.6.2008.