Action brought on 22 May 2006 - SANOFI AVENTIS v OHIM - G.D. SEARLE ('ATURION')

(Case T -146/06)

Language in which the application was lodged: Spanish

Parties

Applicant: SANOFI AVENTIS, S.A. (Paris, France) (represented by: E. Armijo Chavarri and A. Castán Pérez-Gómez, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM: G.D. SEARLE LLC

Form of order sought

Annul the decision of the First Board of Appeal of OHIM of 3 February 2006 in Case R 227/2005-1;

Order OHIM to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: G.D. SEARLE LLC.

Community trade mark concerned: Word mark 'ATURION' for goods in Class 5 - application No 1 662 311.

Proprietor of the mark or sign cited in the opposition proceedings: The applicant.

Mark or sign cited in opposition: National word mark 'URION' for goods in Class 5.

Decision of the Opposition Division: Rejection of the opposition.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94, given that the marks in question may create a likelihood of confusion on the market.

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