Judgment of the Court of First Instance of 12 November 2008 - Scil proteins v OHIM - Indena (affilene)
(Community trade mark - Opposition proceedings - Application for Community figurative mark affilene - Earlier Community word mark AFFILIN - Relative ground for refusal - Likelihood of confusion - Similarity between products - Article 8(1)(b) of Regulation (EC) No 40/94)
Language of the case: English
Parties
Applicant: Scil proteins GmbH (Halle, Germany) (represented by: V. Dalichau and I.-M. Helbig, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Indena SpA (Milan, Italy)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 23 January 2007 (Case R 10/2006-2) relating to opposition proceedings between Scil proteins GmbH and Indena SpA.
Operative part of the judgment
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 23 January 2007 (Case R 10/2006-2) in so far as it dismisses the opposition with respect to the following goods: 'extracts of medicinal plants for use in the pharmaceutical, cosmetic and food industries, not for diagnostic purposes';
2. Orders OHIM to pay the costs.
____________1 - OJ C 117, 26.5.2007.