Judgment of the General Court of 9 September 2011 - Omnicare v OHIM - Astellas Pharma (OMNICARE)
(Community trade mark - Opposition proceedings - Application for Community word mark OMNICARE - Earlier national figurative mark OMNICARE - Likelihood of confusion - Similarity of the signs - Similarity of the services - Genuine use of the earlier mark)
Language of the case: English
Parties
Applicant: Omnicare, Inc. (Covington, Kentucky, United States) (represented by: M. Edenborough QC)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Astellas Pharma GmbH (Munich, Germany) (represented by: C. Gutiérrez Martínez, H. Granado Carpenter and M. Polo Carreño, lawyers)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 14 May 2009 (Case R 402/2008-4), concerning opposition proceedings between Yamanouchi Pharma GmbH and Omnicare, Inc.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Omnicare, Inc. to pay the costs.
____________1 - OJ C 244, 10.10.2009.