Judgment of the Court of First Instance of 11 November 2009 - Bayer Healthcare LLC v OHIM - Uriach-Aquilea OTC (CITRACAL)
(Community trade mark - Opposition proceedings - Application for Community word mark CITRACAL - Earlier national word mark CICATRAL - Relative ground for refusal - Likelihood of confusion - Similarity of the goods - Similarity of the signs - 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: Bayer Healthcare LLC (Morristown, New Jersey, United States) (represented by: M. Edenborough, Barrister)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Uriach-Aquilea OTC, SL (Palau-Solita i Plegamans, Spain)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 5 May 2008 (Case R 459/2007-4) relating to opposition proceedings between Uriach-Aquilea OTC, SL and Bayer Healthcare LLC
Operative part of the order
1. Dismisses the action.
2. Orders Bayer Healthcare LLC to pay the costs.
____________1 - OJ C 236, 13.9.2008.