Judgment of the Court of First Instance (Second Chamber) of 13 February 2008 – Sanofi‑Aventis v OHIM – GD Searle (ATURION)

(Case T-146/06)

Community trade mark – Opposition proceedings – Application for Community word mark ATURION – Earlier national mark URION – Relative ground for refusal – Lack of likelihood of confusion – Lack of similarity between the signs – Article 8(1)(b) of Regulation (EC) No 40/94

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 40/94, Art. 8(1)(b)) (see paras 71-73)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 3 February 2006 (Case R 227/2005‑1) concerning opposition proceedings between Sanofi-Aventis SA and GD Searle LLC.

Information relating to the case

Applicant for the Community trade mark:	GD Searle LLC
Community trade mark sought:	Word mark ATURION for goods in Class 5 – Application No 1662311
Proprietor of the mark or sign cited in the opposition proceedings:	Sanofi-Aventis SA
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:	Appeal dismissed

Operative part

The Court:

1. Dismisses the action;

2. Orders Sanofi-Aventis SA to pay the costs.