Judgment of the General Court (First Chamber) of 9 September 2011 – Omnicare v OHIM – Astellas Pharma (OMNICARE CLINICAL RESEARCH)

(Case T-289/09)

Community trade mark – Opposition proceedings – Application for Community word mark OMNICARE CLINICAL RESEARCH – Earlier national figurative mark OMNICARE – Likelihood of confusion – Similarity of the signs – Similarity of the services – Genuine use of the earlier mark

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 207/2009, Art. 8(1)(b)) (see para. 95)

Re:

ACTION against the decision of the Fourth Board of Appeal of OHIM of 14 May 2009 (Case R 401/2008-4), concerning opposition proceedings between Yamanouchi Pharma GmbH and Omnicare, Inc.

Operative part

The Court:

1. Dismisses the action;

2. Orders Omnicare, Inc. to pay the costs.